Back / lumbar spine decisions — 2000

The Board denied the veteran's claims for an increased rating for his service-connected lumbosacral strain and for a total disability rating based on individual unemployability due to service-connected disabilities.

The Board has determined that the veteran's claims for service connection and compensation under 38 U.S.C. § 1151 are well grounded, but his secondary service connection claims have not been substantiated by evidence of a plausible claim.

The veteran's disability conditions, including uncontrolled diabetes mellitus and amputation of the right leg, have rendered him unable to perform daily activities such as bathing, dressing, or toileting without assistance. The Board has determined that these conditions meet the criteria for special monthly pension based on the need for regular aid and attendance.

The Board has determined that the veteran's recurrent low back pain with left lumbar radiculopathy warrants a disability rating of 40 percent, effective from the date of the decision.

The VA determined that the veteran's osteoarthritis of the lumbar spine warrants a 40% rating, effective from the date of his claim.

The Board finds that the appellant's service-connected lumbosacral strain with secondary paravertebral fibromyositis does not warrant a higher rating as his symptoms do not meet the criteria for a 40 percent disability under Diagnostic Codes 5292 and 5295.

The veteran's claim for an increased evaluation of chronic low back strain was granted, with a current rating of 20 percent. The claim for individual unemployability due to service-connected disability was also granted.

The Board has denied the veteran's claims for service connection for low back and right buttock/thigh disabilities, finding no evidence of a nexus between current conditions and military service.

The Board denied the veteran's claims for service connection and increased evaluation ratings, finding no medical evidence linking his current conditions to service or any other well-grounded basis. The veteran was granted a 20 percent evaluation for residuals of multiple right ankle sprains and left ankle sprain.

The Board has determined that the appropriate effective date for a total disability rating based upon individual unemployability is March 16, 1984.

The Board found that the veteran's service-connected low back strain did not markedly interfere with his employment or result in frequent periods of hospitalization, thus denying an extraschedular rating.

The Board granted the veteran's claims for service connection for PTSD and a temporary total disability rating due to hospitalization from November 5, 2000 to December 14, 2000. The other issues were not addressed as they were withdrawn by the appellant.

The Board found that the veteran's back disorder did not have its onset during service and is not related to any inservice injury or disease. The claim was denied as there is no evidence of a direct relationship between the current condition and active duty.

The veteran withdrew his appeal concerning the claim for an increased (compensable) rating for postoperative residuals of an appendectomy. The remaining claims are remanded for further development.

The veteran's service-connected lumbar spine stenosis with degenerative disc disease and arthritis, as well as his herniated nucleus pulposus, has resulted in loss of use of the left foot. The Board granted the veteran's claim for a specially adapted automobile or other conveyance due to these conditions.

The Board denied increased evaluations for the appellant's cervical spine and duodenal ulcer conditions, but granted a 10 percent evaluation for his degenerative disc disease with traumatic arthritis of the cervical spine. The claim to reopen service connection for lumbar spine disorder was also denied.

The Board has determined that the claim is not well grounded because there is no medical evidence linking the veteran's service-connected right Achilles tendinitis to her lumbar spine disorder.

The Board denied the veteran's claims for service connection for stress reactions, right and left tibia, and low back disorder. The veteran was granted service connection for flatfoot with plantar fasciitis but not for carpal tunnel syndrome or arthritis of the knees. The RO also denied entitlement to TDIU.

The Board found that the veteran's claim for service connection for a back disorder was not well-grounded, and denied it. The RO also determined that new and material evidence had not been submitted to reopen his claim of entitlement to service connection for epidermophytosis pedis (foot rash), resulting in its denial.

The Board denied the veteran's claims for service connection for a kidney disorder and kidney stones, hypertension, and minimal degenerative joint disease of the lumbar spine due to lack of competent medical evidence linking these conditions to his period of active service.