Back / lumbar spine decisions — 2000

The VA determined that the veteran's lumbosacral strain does not warrant an evaluation in excess of 40 percent, as it is productive of severe impairment and additional functional loss.

The Board found that the veteran's preexisting herniated disc of the low back did not increase in severity during his active duty service from January 2, 1991 to May 11, 1991. As a result, he was not granted service connection for this condition.

The Board found no medical evidence linking the veteran's current low back disability to his military service, and thus denied the claim for service connection.

The Board found that the veteran's claim for service connection for residuals of lumbosacral strain was not well grounded due to lack of evidence of a current disability and no medical opinion linking it to service.

The Board has determined that the veteran's claim for service connection for a back disability is not well grounded, as there are no medical records to support a link between his current condition and his military service.

The Board denied the veteran's claims for service connection for residuals of a right shoulder injury and low back fracture, finding that there was no medical evidence linking these conditions to his active duty. The claim for nonservice-connected disability pension was also denied.

The veteran's low back strain with mild spondylolisthesis, scoliosis, and degenerative disc disease is characterized by bulging discs at L4-L5 and arthropathy of the vertebral facets at L4-L5 and L5-S1. The decision grants a 30 percent evaluation for this condition.

The veteran's service-connected lumbosacral strain is productive of no more than severe limitation of motion, and severe limitation of motion with demonstrable deformity of the vertebral body or unfavorable ankylosis of the lumbar spine is not shown. Therefore, his claim for a higher rating is denied.

The Board has determined that new and material evidence was not submitted to reopen the veteran's claims for service connection for hypertension, stomach disorder, nervous disorder, and back disorder. The RO previously denied these claims in May 1989 without reopening them due to lack of new and material evidence.

The Board found that the veteran's asthma is not well-grounded and denied his claim for service connection. For his chronic lumbosacral strain, the Board noted that while he presented allegations of worsening symptoms, there was no medical evidence linking these to service or a service-connected disability.

The RO denied higher initial evaluations for the veteran's service-connected disabilities, including headaches, degenerative arthritis of the lower lumbar spine, tinnitus, residuals of a fracture of the ulna, and hemorrhoids. The claims for sinusitis, stomach disorder, labyrinthitis, otitis media, right wrist disorder, and lung disorder with sleep disturbances are not well grounded.

The Board has determined that the veteran's claims for service connection for back disorder, neck disorder, headaches, left hip disorder, and right knee disorder are well grounded. The evidence supports a finding of secondary service connection for these conditions based on their relationship to his service-connected recurrent left ankle sprain.

The Board denied the veteran's claims for service connection for a neck disorder and to reopen his claim for service connection for a back disorder, finding no competent medical evidence linking these conditions to his military service.

The Board has determined that the veteran's claims for service connection are well-grounded and have granted them. The veteran is presumed to be in sound condition upon entry into active duty, so any current conditions must arise during his service or be due to pre-existing conditions.

The Board has determined that the veteran's claims of entitlement to service connection for bilateral hip, right knee and lumbar spine disorders secondary to service-connected left knee and ankle disabilities are well-grounded. The evidence submitted since the February 1990 rating decision provides a more complete picture of the veteran's disabilities and their origin.

The Board found that the veteran's claim for service connection for a back disorder is not well grounded and denied it. The issue of service connection for an acquired psychiatric disorder will be remanded for further development.

The Board denied the appellant's claims for increased ratings for his service-connected infectious hepatitis-B, mechanical low back strain, and cervical strain with degenerative joint disease. The VA found that the current evidence did not meet the criteria for a higher rating under the applicable diagnostic codes.

The Board has ordered the case to be returned to the RO for consideration of additional medical evidence submitted by the veteran, and for readjudication in light of all pertinent evidence.

The Board denied an increased rating for lumbosacral strain, finding no significant disc pathology or loss of range of motion.

The Board found that the veteran's claims for service connection of a back disability, hip disorder, shin splints of the right leg and right ankle disability were not well-grounded.