Back / lumbar spine decisions — 2000

The Board of Veterans' Appeals has granted service connection for post-operative cervical spine degenerative disc disease with radiculopathy, finding that the veteran's current condition is likely due to injuries sustained during military service.

The Board has determined that the appellant's claims for service connection are not well grounded, and thus denied.

The veteran's multiple disabilities, including his neck, back, knee, and liver conditions, render him permanently and totally disabled for pension purposes.

The veteran's claim for an increased rating for his service-connected chronic low back strain was granted, and the effective date for his total disability rating based on individual unemployability (TDIU) was set at April 12, 1996.

The veteran's degenerative disc disease at L3-4, previously shown as herniated nucleus pulposus is currently rated at 10 percent from September 4, 1993 to August 18, 1999 and at 20 percent since August 19, 1999.,The veteran's degenerative joint disease, fasciitis and greater trochanteric bursitis of the right hip is currently rated at 10 percent.

The veteran's appeal is being remanded for further development, including obtaining updated medical records and conducting VA examinations to assess the severity of his service-connected left knee and lumbar spine disabilities. The RO will also consider whether staged ratings are appropriate for the low back disability.

The Board has reopened the veteran's claims for service connection for hypertension, back disability, and psychiatric disability (claimed as fainting), but finds that none of these claims are well grounded.

The Board has determined that the veteran's claims for service connection for sinusitis, myopia and amblyopia, and a back disorder are not well grounded. The evidence does not support current diagnoses of these conditions.

The veteran's appeals for service connection for back disorder, neck disorder, and right shoulder disorder were denied. The appeal regarding the evaluation of a left ankle fracture was also denied.

The Board denied the veteran's claims for increased disability evaluation and temporary total ratings due to lack of treatment of a service-connected disability during his hospitalization.

The veteran's service-connected cervical spine disorder, chronic low back muscular strain with arthritis, and postoperative residuals of a ganglion cyst with synovitis of the left wrist are all rated at their maximum allowable evaluations. The veteran's headaches as residual of concussion remain rated at 10 percent.

The Board has reopened the veteran's claim for service connection for a bilateral knee disorder and determined that it is well-grounded. The claims for left ankle, right ankle, and lumbar spine disorders are also considered well-grounded.

The Board has determined that the veteran's claims for service connection for various conditions, including PTSD and those related to undiagnosed illnesses from service in the Southwest Asian theater, are not well grounded. The evidence does not support a diagnosis of any of these conditions or establish their relationship to service.

The Board found that new and material evidence had not been submitted to reopen the appellant's claim for service connection for a lumbar spine condition, including low back strain and lumbarization of S1. The decision concluded that there was no evidence showing disability as a result of the in-service back injury.

The Board determined that the November 1957 decision to sever service connection for post-traumatic hypertrophic arthritis of the lumbar spine and right knee did not involve clear and unmistakable error. The veteran withdrew his appeal regarding this issue.

The VA determined that the veteran's degenerative disc disease at L4 to S1/pseudoarthrosis at L5 to S2/lumbo-dorsal scoliosis does not warrant an evaluation in excess of 20 percent.

The Board denied the appellant's claims of entitlement to service connection for PTSD and a lower back disorder, finding that her claim was not well-grounded due to lack of medical evidence linking current disabilities to service.

The Board has granted increased disability ratings of 10 percent for the veteran's right knee disability and lumbosacral strain, effective March 16, 1998.

The Board denied the veteran's requests to reopen claims for service connection for lumbar arthritis, psychiatric disability, and defective vision in the right eye. The evidence submitted was deemed insufficient to meet the new and material criteria.

The Board has determined that the veteran's claims for service connection for bilateral ankle and back conditions are not well-grounded. The evidence does not support a finding of a nexus between these conditions and an in-service disease or injury, nor can it be attributed to any service-connected condition.