Back / lumbar spine decisions — 2000

The Board has determined that the veteran's claims for service connection for degenerative disc disease of the lumbosacral spine and major depressive disorder are not well grounded.

The veteran's service-connected myofascial syndrome of the lumbosacral spine and headache do not constitute an employment handicap, thus he does not meet the eligibility requirement for vocational rehabilitation training under Chapter 31.

The Board has determined that the appellant's pre-existing post-operative back disability was aggravated during service, and thus service connection is granted.

The Board denied the veteran's claim for an increased evaluation for his service-connected lumbar strain with degenerative arthritis, finding that a 20 percent rating was appropriate based on moderate limitation of motion.

The Board denied the veteran's claims of service connection for deviated nasal septum and low back disability, finding that there was no competent evidence linking these conditions to his military service.

The Board found that the veteran's current back disability, diagnosed as degenerative disc disease of the lumbosacral spine and possible demyelinating disease, is not related to his service due to lack of evidence showing a nexus between his in-service strain and his current condition.

The Board has granted service connection for degenerative disc disease at L4-L5 with stenosis, finding that the veteran's condition was incurred in service. The issue of a compensable rating for lumbosacral strain is remanded.

The Board found that the veteran's residuals of a low back injury with disc herniation at L4 through S1 are most consistent with moderate, recurring attacks of intervertebral disc syndrome or muscle spasm on forward bending loss of lateral spine motion, unilateral, in the standing position. The preponderance of evidence did not support an evaluation higher than 20 percent.

The Board denied service connection for back and left knee disabilities due to lack of evidence linking these conditions to service. The veteran's claims were not reopened.

The veteran's claim for service connection for hypertension was denied in March 1972. New evidence has been submitted to reopen the claim, and it is determined that hypertension and heart disease are not related to service or any service-connected disability. The veteran's low back strain with degenerative joint and disc disease is rated at 40 percent since March 29, 1993.

The Board has granted a higher evaluation of 40 percent for the veteran's degenerative disc disease of the lumbosacral spine, effective April 10, 1997. The bipolar disorder with psychotic features is also rated at 30 percent, effective April 10, 1997.

The veteran's claims for service connection for a headache disorder and an increased evaluation for her back pain of the thoracolumbar spine were denied. The RO was directed to obtain additional medical records, conduct further examinations, and readjudicate the claims.

The Board has granted the veteran's claims for higher initial ratings for his chronic low back strain and right shoulder disorder, with a rating of 20 percent each.

The veteran's claims for increased rating, service connection for a low back disability on secondary basis, and service connection for a left shoulder disability were denied as not well grounded.

The Board has determined that the veteran did not submit new and material evidence to reopen his claim for service connection for a back disability.

The Board has reopened the veteran's claim of entitlement to service connection for loss of sexual function secondary to a shrapnel wound of the penis. The issue of whether new and material evidence was submitted to reopen his claims for PTSD and back disorder remains unresolved.

The Board found that the veteran's claim for compensation benefits pursuant to 38 U.S.C.A. § 1151 was not well-grounded due to a lack of competent medical evidence showing a relationship between any current disability and exposure to radiation during his VA hospitalization from October 1959 to November 1960.

The Board has determined that the veteran's claim for compensation under 38 U.S.C.A. § 1151 is well-grounded and grants the claim, finding additional disability in his low back as a result of surgeries performed at VA facilities.

The Board denied service connection for idiopathic retroperitoneal fibrosis and a compensable evaluation for the residuals of a fracture of the transverse processes of the 2nd and 3rd lumbar vertebrae, finding that these conditions did not arise from service-connected disabilities.

The Board denied the veteran's claim for a disability rating in excess of 20 percent for his back disorder, finding that the evidence did not meet the criteria for a higher rating under Diagnostic Codes 5292 or 5293.