Back / lumbar spine decisions — 2000

The Board has reopened the veteran's claim for service connection for a low back disability and found it well-grounded. The claims for increased ratings for right and left knee disabilities, as well as extensions of temporary total ratings based on postoperative residuals, have been granted. The effective date for service connection for major depressive disorder remains to be determined.

The Board has reopened the claim for service connection of back disability and is now considering whether new evidence supports a grant of service connection. The appellant's medical opinion linking his current back disability to an injury sustained in service is considered significant.

The Board found that the veteran's claims for service connection were not well-grounded and denied both issues.

The Board has determined that the veteran's claims of service connection for depression, hypertension, heart disease, stomach disability, and back disability are not well-grounded.

The veteran's service-connected lumbosacral strain and post-traumatic stress disorder are currently evaluated, but the multiple scars of the face and neck do not warrant a compensable evaluation. The veteran is denied an increased rating for his lumbosacral strain and a compensable evaluation for his facial scars. His claim for individual unemployability due to service-connected disabilities was also denied as his disabilities do not preclude substantially gainful employment.

The Board has granted a 20% evaluation for lumbar strain and found that the veteran's service-connected chronic bilateral upper extremity disorder to include arm and hand numbness is not well-grounded.

The veteran's claims for higher evaluations of his service-connected post-operative fusion C5-6 with arthritis and bilateral carpal tunnel syndrome, as well as degenerative arthritis of the lumbar spine from May 19, 1990 to October 7, 1993, were denied. The Board found that a rating higher than 40 percent was not warranted for his post-operative fusion C5-6 with arthritis and bilateral carpal tunnel syndrome, and a rating higher than 20 percent was not warranted for his degenerative arthritis of the lumbar spine from May 19, 1990 to October 7, 1993.

The Board found that the veteran's lumbar spine stenosis and degenerative changes are not due to disease or injury incurred in service, nor caused by his service-connected right femur fracture residuals. The Board concluded that the preponderance of evidence is against the claim.

The Board has determined that the appellant's burial expenses are deductible from her countable income, and she is entitled to special monthly death pension based on need for aid and attendance.

The Board found that the veteran's disability from chronic low back syndrome does not meet or approximate the criteria for a schedular rating in excess of 20 percent under any applicable diagnostic code.

The Board has granted a 60 percent evaluation for degenerative joint disease of the lumbar spine, which is the maximum schedular rating available.

The Board denied the veteran's claims for service connection for a low back disorder and eye disorders, finding that they were not well-grounded due to lack of evidence supporting their onset during service or as secondary to Persian Gulf War service.

The Board denied service connection for a low back disorder and head injury residuals due to lack of evidence linking these conditions to service.

The Board has denied the appellant's claims for service connection for joint pain of the knees, hands, and wrists, inflammatory bowel disease with esophagitis and hiatal hernia, and low back pain. The evidence does not support a finding that these conditions are related to military service or an undiagnosed illness.

The Board has determined that the appellant's claims for service connection are well grounded and have granted service connection for a low back disability and a pulmonary or respiratory disorder. The current ratings for other conditions remain unchanged.

The Board has determined that the veteran's service-connected impingement syndrome of the left shoulder warrants a 20 percent rating, as it more nearly approximates limitation at shoulder level. The other issues have been resolved in favor of the veteran.

The Board has determined that the veteran's claims for service connection for left ear hearing loss, low back disability, gastritis, and residuals of exposure to environmental toxins are not well grounded.

The veteran's low back disorder, classified as herniated lumbar disc at L4-L5 and L5-S1 with radiculopathy, is currently rated at 40 percent. The Board found that the disability warrants this rating based on severe limitation of motion.

The Board has determined that the veteran's service-connected thoracolumbar spine disability is primarily manifested by complaints of back pain, severe limitation of motion, and X-ray findings of an old compression deformity. The disability is rated at 40 percent based on limitation of motion of the lumbar spine.

The Board denied the veteran's claims for increased ratings for PTSD, left knee disability, shell fragment wound scars of the upper back with degenerative changes, and low back disability. The veteran's service-connected conditions are currently rated at 50%, 10%, 20%, and 20% respectively.