Back / lumbar spine decisions — 2000

The Board denied the veteran's claims for service connection for a lumbar spine disability, viral infection syndrome with chest pain and fatigue, hearing loss, and tension myalgia and fibromyalgia. The evidence did not support these claims.

The Board denied a rating in excess of 50 percent for the veteran's service-connected bilateral foot callosities, finding that no higher rating was available under another applicable DC and that extraschedular evaluation was not warranted due to lack of evidence of frequent hospitalization or interference with employment resulting from the veteran's bilateral foot callosities.

The Board denied the veteran's claims for service connection for malaria, a low back disorder, chronic disability of the sternum, chronic disability manifested by impaired balance, glaucoma, and diabetes mellitus.

The veteran's claims for service connection for a low back disorder, pulmonary disorder (chest pain and breathing problems), and psychiatric disorders to include PTSD were denied. Service connection was granted for PTSD but not for the other conditions.

The VA has determined that the veteran's post-operative discectomy residuals do not warrant a rating higher than 40 percent.

The Board is remanding the case due to procedural issues and new legislation, including a need for further examination and consideration of service connection under secondary theory.

The Board has determined that an increased rating for the veteran's kyphotic deformity of the thoracolumbar juncture with osteophyte formation at T-11 level and residuals of a fracture of the right wrist navicular bone is not warranted. The veteran received the maximum 10 percent evaluation for each condition.

The Board has not had the opportunity to apply the Veterans Claims Assistance Act of 2000 and there is conflicting evidence regarding the veteran's scars. The case is being remanded for further development, including a VA examination.

The Board denied service connection for back, neck, and shoulder disabilities as they were not shown to be related to service or any incident of service origin.

The Board has denied the veteran's claims for service connection for a low back disorder and increased evaluations for his right knee and left knee disabilities, finding no medical evidence linking these conditions to service or service-connected disabilities.

The veteran's appeal has been dismissed due to his death. The Board cannot proceed with the merits of the claim as he is no longer alive.

The Board denied service connection for hemorrhoids and low back disability (claimed as secondary to bilateral pes planus). The appellant's claims are remanded due to the need for additional development.

The Board found that the appellant's back disability, including degenerative disc disease, arthritis, radiculopathy, and ankylosing spondylitis, was not incurred or aggravated by service. The congenital anomaly of the lumbosacral spine with asymmetric facet joints at L5-S1 with sclerosis was determined to be a defect rather than a disease, and thus not subject to service connection.

The veteran's claim for bilateral hearing loss and service connection for a back disorder was denied. The decision also noted that the veteran withdrew his appeal for other issues, such as lipoma excision of the back and deviated nasal septum.

The veteran's claim for an increased disability rating for his service-connected lumbar sprain is being remanded to the RO for additional development, including obtaining medical records from VA and private physicians.

The Board denied the veteran's appeals for service connection for a low back disability and for a rating in excess of 10 percent for residuals of a fracture of the left hip.

The Board denied an increased rating for the veteran's service-connected arthritis and degenerative disc disease of the cervical spine, but granted a higher rating effective from August 22, 1994. The claim for an earlier effective date for the heart disability was also denied.

The Board found that new and material evidence had not been presented to reopen the claim for service connection for a low back disability. The veteran's contentions were deemed repetitive of previous assertions, and no medical nexus between his current back disability and service was established.

The Board has determined that there is no evidence of a low back/hip disorder being incurred or aggravated by service, and thus service connection for this condition cannot be established. The veteran's reactive arthritis/Reiter's syndrome does not meet the criteria for an initial rating exceeding zero percent.

The Board has granted the veteran's claim for an increased disability evaluation for hiatal hernia and duodenitis, finding that his symptoms warrant a rating of 10 percent. The issue of service connection for arthritis of the lumbar spine was reopened due to new evidence submitted by the veteran.