Back / lumbar spine decisions — 2000

The Board found that the veteran's lumbar spine disability, currently rated at 40 percent, does not meet or approximate the criteria for a higher rating due to lack of severe symptoms such as persistent sciatic neuropathy with characteristic pain and demonstrable muscle spasm, absent ankle jerk, or other neurological findings appropriate to site of diseased disc.

The Board has determined that the veteran's degenerative disc disease of the lumbosacral spine does not warrant an evaluation in excess of 10 percent, as there is no objective medical evidence of moderate intervertebral disc syndrome or severe limitation of motion.

The veteran's brain tumor in postoperative status is service-connected, and his tinea pedis was also incurred during active service. The other claims for service connection are not well-grounded.

The Board has determined that the veteran's claims of service connection for bronchitis, sinusitis, low back disability, and bilateral hearing loss are not well-grounded. The evidence does not establish a link between these conditions and his military service.

The Board has found that the veteran's lumbosacral spine arthritis is aggravated by his service-connected left ankle fracture, and thus grants service connection for this condition. The claim for an increased rating for the left ankle fracture remains pending as a higher rating is not granted.

The Board has denied the veteran's claims for service connection for various conditions, including nicotine dependence and its secondary effects. The issues were not fully developed or addressed.

The Board has denied the veteran's claims for service connection for cervical spine and low back disabilities, finding that there is no competent medical evidence linking these conditions to his military service. The claim for service connection for alcohol dependence was also denied as a matter of law due to the prohibition on granting such claims based on direct service incurrence.

The Board has determined that the veteran's claims of service connection for a lumbar spine disorder and a left ankle disorder are not well-grounded, as there is no medical evidence establishing a link between these conditions and his military service.

The Board granted service connection for depression and assigned a 20 percent evaluation for cervical spine disability. The evaluations for thoracic and lumbar spine disabilities were also increased to 10 percent each.

The Board has granted service connection for left leg and low back disorders that are secondary to the veteran's service-connected pelvis disability. Service connection was denied for a cervical spine disorder with headaches.

The veteran's appeal is being remanded for additional development and consideration of his claims regarding the propriety of his initial 10 percent rating for mechanical low back strain, and his service connection claims for degenerative arthritis of the cervical spine and degenerative joint disease of the right shoulder.

The veteran's claim for nonservice-connected pension is well-grounded and granted.

The Board denied the veteran's claims for service connection due to lack of new and material evidence, as well as failure to establish a plausible or capable claim for PTSD and a neck/cervical spine condition.

The Board denied the veteran's claims of entitlement to higher evaluations for his service-connected hearing loss, service connection for a low back disorder, and service connection for hypertension. The reasons given were that there was no medical evidence linking any current disabilities to the veteran's period of active service.

The veteran's low back disability is currently rated as 20 percent disabling. The Board finds that the preponderance of the evidence does not support a higher rating, and his claim for TDIU is also denied due to his ability to work.

The Board has granted a 20 percent rating for the service-connected low back disability, including degenerative disc disease at L4-5. The claim of an initial compensable rating for pronator muscle syndrome of the right arm is also granted. No new ratings are granted for COPD or left ear hearing loss. Service connection for chronic disability resulting from asbestos exposure and chronic sinusitis is denied.

The Board has determined that the veteran's service-connected low back strain, avulsion fracture spinous process L-2 warrants a 40 percent evaluation effective from August 31, 1998. The case was previously rated at 10 percent prior to this date.

The veteran's low back disability is rated at 60 percent, effective from July 31, 1990. The Board also granted a total rating based on unemployability due to service-connected disability.

The Board has reopened the veteran's claims for service connection for back, neck, and left knee disabilities due to new evidence submitted since the final denial in October 1996. The Board finds that these conditions are related to service.

The Board has determined that the veteran's cervical spine disability is not service-connected and his claim for an increased evaluation of his lumbar spine disability remains denied.