Back / lumbar spine decisions — 2000

The Board has determined that the appellant's low back disability warrants a 40 percent rating under DC 5292, as his range of motion was severely limited. The residuals of right wrist fracture warrant a 10 percent rating under DC 5293. No service connection is granted for hypertension, pain in fingers, right knee disorder, or gastrointestinal disorder.

The veteran's appeal is being remanded to ensure compliance with due process considerations, including scheduling a personal hearing. The claims for service connection and increased evaluation are pending.

The veteran's claim for an increased rating for his service-connected post-operative herniated lumbar disc disease L4-5 and LS-S1 is being remanded due to incomplete records, including a missing MRI from the Fall of 1997 and an examination report that did not fully assess his disability.

The Board denied the veteran's claim of entitlement to service connection for a back disorder in November 1972. The evidence submitted since then is not new and material, so the claim cannot be reopened.

The Board has determined that the veteran's claims for increased evaluations for optic neuritis of the left eye and lumbosacral strain have been denied as there is no evidence to support ratings in excess of 10 percent.

The veteran's pulmonary disease with bronchial asthma was granted a 60 percent evaluation prior to July 1, 1999. He is also granted TDIU status prior to that date.

The Board denied the veteran's claim for service connection for residuals of a low back injury, including low back arthritis, finding that there was no competent medical evidence linking his current condition to an inservice injury.

The veteran's claim for an increased rating for his service-connected lumbosacral strain with disc disease is being remanded due to the need for additional development of medical records.

The Board has granted service connection for chronic right knee strain and a 10 percent rating for lumbosacral strain, effective from November 14, 1995.

The Board found that the veteran's claim for service connection for a back condition was not well-grounded due to lack of evidence showing aggravation during service. The claims for increased evaluations for right and left wrist disabilities remain pending.

The veteran's claims for increased evaluations of his service-connected left knee injury with ACL repair and degenerative disc disease (DDD) of the lumbar spine are being remanded due to the need for additional VA outpatient treatment records.

The Board dismissed a claim of entitlement to increased evaluation for service connected arthritis of the lumbosacral spine on the grounds that a timely substantive appeal had not been filed.

The Board found that the RO's March 1974 decision denying service connection for low back disorder was final, and denied the appellant's claim of CUE in this decision. The April 1988 TDIU denial is also considered final. The effective date for TDIU benefits is set at October 3, 1996.

The Board has determined that the veteran's claims for increased evaluations of his lumbosacral strain and adjustment disorder with anxiety and depression are not supported by the evidence, as the current disability picture does not meet the criteria for a higher evaluation under the applicable rating criteria.

The Board has determined that new and material evidence was not submitted to reopen the claims for service connection for low back and left knee disorders, as no such evidence was found in the provided information.

The Board denied the veteran's requests to reopen his claims for service connection for a back disability and headaches due to exposure to hazardous materials, finding that no new and material evidence had been submitted.

The Board has determined that new and material evidence has been received to reopen the veteran's claims for service connection for residuals of a left facial injury and back disability. The claim for residuals of a left facial injury is granted as it is at least as likely as not that the veteran's depressed left facial scar, residual of fracture of the left temporozygomatic bones, was incurred in service. However, the claim for back disability remains denied as new and material evidence has not been received to reopen this claim.

The Board denied service connection for PTSD and did not address the claim of increased rating for degenerative arthritis of the lumbosacral spine with radiculitis to the right hip as it was not raised in this appeal.

The Board has determined that the veteran's service-connected bilateral eye, left knee, and left clavicle disorders do not warrant increased ratings. The lumbar spine disorder is rated as 40 percent disabling.

The Board has determined that the veteran's claims of service connection for various conditions are not well grounded. The RO denied these claims in August 1991, and they remain denied as new evidence did not reopen them.