Back / lumbar spine decisions — 2000

The veteran's claim for an increased rating for his service-connected myositis, low back disability was granted. Additionally, the veteran received a temporary total rating based on hospitalization from February 14, 1995 to April 10, 1995.

The appellant has withdrawn all issues on appeal prior to the Board's decision.

The Board has determined that new and material evidence has been presented to reopen the claim for service connection for a low back disability. The appellant's current low back disability is found to be proximately due to or the result of his service-connected left knee disability, and he also has a current right knee disability which is proximately due to or the result of his service-connected left knee disability.

The Board found no medical evidence linking the veteran's current back disorder to her service, thus denying her claim for service connection.

The Board granted an increased rating of 20 percent for service-connected lumbar strain effective January 5, 1998. The veteran's claim for earlier effective date was denied.

The Board has remanded the case for further action, including a new VA examination and consideration of whether service connection should be granted for lumbosacral disc syndrome.

The Board has determined that the veteran's service-connected recurrent low back strain warrants a rating of 40 percent, effective from the date of this decision.

The Board has determined that the appellant's claim for an increased rating for a service-connected residual scar of left lumbar sympathectomy is well-grounded. The case is remanded to obtain clarification on the examination reports and to seek SSA records.

The veteran's degenerative joint disease of the lumbar spine warrants a 30 percent disability evaluation, while his congestive heart failure with hypertension and paroxysmal supraventricular tachycardia with myocardial infarctions does not meet the criteria for a rating greater than 60 percent.

The Board denied the veteran's application to reopen his claim of service connection for a back disorder, concluding that new and material evidence had not been received.

The Board denied the veteran's claims for increased rating and TDIU, finding that the current evaluation of 40 percent for chronic low back pain with spasm adequately reflects his disability.

The Board has ordered remand due to incomplete records and the need for further medical development, including obtaining an MRI report and reviewing the claims file by a VA examiner.

The Board has determined that the veteran's claims for service connection for residuals of a crush injury to the right leg and an acquired back disorder are not well-grounded, as there is no evidence showing these conditions were incurred in or aggravated by military service.

The Board denied service connection for bilateral hearing loss and tinnitus, and granted a rating of 20 percent for limitation of motion of the lumbar spine. The veteran's claim was not well-grounded for these conditions.

The Board denied service connection for COPD and degenerative disc disease of the lumbosacral spine, finding that there was no competent medical evidence linking these conditions to active service. The claim for increased rating for left knee disability is pending.

The veteran's back disability, scars, and muscle and nerve damage are not service-connected. However, the VA surgery in June 1996 resulted in additional compensable conditions that were a necessary consequence of the procedure.

The Board has determined that the veteran's cardiovascular disorder, including hypertension and myocardial infarction, was aggravated by service. The lumbar spine disorder and acquired psychiatric disorder are not well-grounded claims as there is no evidence of a pre-service diagnosis or in-service onset. The duodenal ulcer disease claim is also not well-grounded.

The Board found that the veteran's claim of entitlement to service connection for a low back disability is not well grounded and denied it.

The Board found that the claim of secondary service connection was not well-grounded, and denied both the direct service connection claim due to lack of a causal connection between the service-connected left hip disorder and the current back disability. The appellant's claim for direct service connection is supported by medical evidence suggesting a possible relationship between the reported in-service injury and the current disability.

The Board has determined that the veteran's lumbar spine disorder warrants a 20% rating and her cervical spine disorder also warrants a 20% rating.