Back / lumbar spine decisions — 2000

The Board has granted service connection for a low back disorder, finding that the evidence supports this determination.

The veteran's claims for higher evaluations of his service-connected conditions have been granted, with a 10% evaluation assigned for each condition.

The veteran's service-connected low back strain with neurological deficit is currently rated at 40 percent, the maximum schedular rating. The appeal for an increased rating has been denied.

The Board has determined that new and material evidence was not presented to reopen the veteran's claims for service connection for back and knee disorders as secondary to his service-connected bilateral pes planus. The RO's January 1981 decision is final, and no further action can be taken on these claims without reopening them first.

The veteran's low back strain resulted in no more than slight limitation of motion from August 30, 1996 to June 22, 1998 and moderate limitation of motion thereafter.,The veteran's maxillary sinusitis was characterized by mild x-ray manifestations and occasional symptoms such as infrequent headaches.

The Board denied service connection for various conditions, including dermatitis of the arms and groin area, left ear hearing loss, chronic meibomianitis of both eyes, a chronic eye disorder (claimed as herpes), a chronic elbow disorder (claimed as lateral epicondylitis of the left elbow), a bilateral knee disorder, a chronic back disorder (claimed as degenerative joint disease of the lumbar spine), and a chronic neck disorder (claimed as degenerative joint disease of the cervical spine).

The Board has denied the veteran's claims of service connection for a chronic digestive system disorder, neck injuries, lumbar disc disease, and chronic right and left ankle disorders due to lack of competent medical evidence linking these conditions to his period of active service.

The Board denied an increased evaluation for lumbosacral strain, currently rated at 20 percent.

The Board denied the veteran's claim for service connection for a low back disability, finding that there was no chronic condition present during service and attributing any current condition to post-service accidents.

The Board has granted a 10% evaluation for chronic strain of the lumbosacral spine and found that the veteran's service-connected shoulder condition does not warrant a compensable rating. The issue of entitlement to a compensable evaluation for left biceps tendinitis, rule out rotator cuff injury is moot due to the grant of a 10% evaluation for the lumbosacral spine.

The Board denied the veteran's request for an earlier effective date for service connection of a back disability, finding that the claim was not received within one year after separation from service and thus the earliest possible effective date is February 27, 1998.

The Board has determined that the veteran's claimed conditions, including back disability, liver disorder, eye disorder, and right hip disability, were not incurred or aggravated by service. The evaluation for residuals of plantar fasciitis with a history of minimal hammertoe deformity of both feet is also denied.

The Board denied the reopening of a claim for service connection for back disability, finding that new and material evidence had not been presented.

The Board found that no new and material evidence had been submitted to reopen the claim of service connection for lumbar sprain, but granted service connection for rheumatoid arthritis.

The Board denied the veteran's claims for a compensable rating for his service-connected postoperative right testicle cancer with abdominal lymph node metastasis and a TDIU, finding that the current state of his disability does not warrant a compensable evaluation.

The Board of Veterans' Appeals (Board) denied the veteran's claim for a total disability rating based on individual unemployability due to service-connected disability. The appeal is not about service connection at all.

The veteran's lumbar spine disability was granted an increased evaluation of 40 percent, effective February 19, 1997. The TDIU benefits were granted with an effective date of September 30, 1996.

The Board has reopened the veteran's claim for service connection for postoperative residuals of a lumbar laminectomy, claimed as due to injury during INACDUTRA on June 12, 1980. The evidence submitted by the veteran is found to be both new and material, allowing the claim to proceed to its merits. The Board also finds that the claim is well grounded based on credible lay and medical evidence showing continuity of symptoms since the injury in 1980 and a nexus between the current disability and the service-connected injury.

The veteran's claim for service connection for a back condition was denied as there is no competent evidence showing that his current disability is due to disease or injury incurred in service.

The Board denied entitlement to increased ratings for allergic/vasomotor rhinitis with headaches, pseudofolliculitis barbae, right wrist disability, and lumbosacral strain (back).