Back / lumbar spine decisions — 2000

The Board has determined that the veteran's claim of service connection for an acquired psychiatric disability is well-grounded and grants this claim. The Board also finds that the veteran's current diagnosis of psychosis, most consistent with schizophrenia, had its inception during his military service. However, the claims for lumbosacral strain, hearing loss, and peptic ulcer disease are not well-grounded as there is no medical evidence linking these conditions to his military service.

The veteran's claims for an increased disability rating and earlier effective dates for his service-connected lumbosacral strain with degenerative joint disease have been granted.,Effective June 11, 1998, the veteran is now receiving a 60 percent disability rating for his back condition.

The Board finds that the veteran does not have an employment handicap due to his service-connected disabilities and is successfully maintaining employment as a site manager. Therefore, he does not meet the criteria for vocational rehabilitation under Chapter 31.

The Board has determined that the veteran's asthma, allergic skin reaction, seizure disorder, prostate disorder, kidney disorder, sore glands, uvulectomy (throat operation), stomach disorder, low back disorder, and cervical spine disorder are all service-connected.

The Board has reopened the claim for service connection for a low back disorder due to new and material evidence. The claims for PTSD and duodenal ulcer are denied as they do not meet the criteria for increased ratings.

The Board found that the veteran's scoliosis, chronic low back strain, arthritis, and disc disease were incurred in service. The hearing loss of the left ear was not well grounded.

The Board has determined that the veteran's claims for service connection are well grounded, but denied on the merits. The decision is mixed as some issues were granted and others not.

The Board has granted a 40 percent rating for the veteran's lumbosacral strain and found that his service-connected disabilities do not preclude him from obtaining substantially gainful employment. The appeal for a total disability rating based on individual unemployability due to service-connected disabilities is denied.

The veteran's low back disability is currently rated at 20 percent, which adequately reflects the severity of his condition. The pension claim was also granted.

The Board found that the veteran's low back disorder was not incurred in or aggravated by service and is not related to his right knee disability. The claim for a compensable evaluation for residuals of right knee medial meniscectomy was also denied.

The veteran's arthritis of the left knee and lumbosacral spine have been found to be aggravated by his service-connected right knee disability, warranting secondary service connection.

The veteran's appeal has been dismissed due to his death.

The Board found that the veteran's chronic back disability was not incurred during service and denied his claim for service connection.

The Board has remanded the case to the RO for further development and adjudication on the merits due to conflicting opinions regarding the etiology of pain in the back, hips, knees, and ankles. The veteran's claims are related to service-connected varicose veins.

The Board found that the veteran's claims for increased evaluations of his left shoulder, left knee, and low back disabilities were not well grounded. The claim for an original compensable evaluation for a right ear hearing loss disability was remanded.

The Board denied service connection for a cervical spine disability and an increased rating for degenerative joint disease of the lumbar spine. The case remains on appeal.

The Board has determined that the veteran's claims for service connection are well-grounded and have granted service connection for bilateral hearing loss, low back condition (spondylolisthesis), but denied service connection for arthritis of the hands and fingers. The claim for tinnitus is inextricably intertwined with the hearing loss issue.

The Board has found the veteran's claim of entitlement to service connection for degenerative disc disease of the lumbar spine well grounded, and thus grants the claim.

The veteran's claim for special monthly pension based on the need for regular aid and attendance is granted, as he requires care or assistance from his family to manage his disabilities. He is not entitled to special monthly pension at the housebound rate due to additional disability.