Back / lumbar spine decisions — 2000

The Board has denied the veteran's claims for service connection for headaches and a low back disorder, as well as his request for an increased evaluation for asthma. The reasons given include that the veteran failed to report for scheduled VA examinations.

The Board found that the veteran's low back disability more nearly approximates a 40 percent evaluation, but denied an increased rating. The thoracic spine disability was assigned a noncompensable (0 percent) rating.

The Board has granted a 60 percent rating for the veteran's low back disability, which is the maximum available under Diagnostic Code 5293.

The veteran's claim for an initial evaluation in excess of 20 percent for his low back disability was denied by the Board. The evidence showed that he had moderate limitation of motion, but not more than this.

The Board denied the veteran's claims of entitlement to service connection for various conditions, including arthritis of hands, impotence, low back pain, residuals of fracture of right forearm, and tinnitus. The claims were found not well-grounded due to a lack of current medical evidence supporting these diagnoses.

The Board found no medical evidence linking the veteran's current back pain to his service, specifically noting that he experienced back pain in service but did not establish a link between this past injury and his current condition. As such, the claim was denied.

The Board found that the veteran's current back disability was not incurred as a result of his military service.

The Board denied the veteran's claims for an increased disability rating for his lumbar strain and myositis, service connection for PTSD, and whether new and material evidence has been submitted to reopen a claim of entitlement to service connection for an acquired psychiatric disorder other than PTSD. The current 10 percent disability rating for the veteran's lumbar spine condition is appropriate.

The VA has denied the veteran's claim for an increased rating for his lumbosacral strain, currently evaluated at 10 percent.

The Board has granted service connection for degenerative joint disease of the lumbosacral spine, respiratory disorder to include asthma, bilateral foot disorder to include bone spurs of the heels, and bilateral ankle disability. Service connection was denied for right shoulder condition, left shoulder condition, right knee condition, and headaches.

The Board has determined that the appellant currently has a right knee disorder, low back pain secondary to congenital abnormalities of the lumbar spine, and a right calf contusion. These conditions are all considered well grounded as they have been diagnosed in service or since service.,For the right knee disorder, the claim is granted as it was incurred during service.

The Board has granted service connection for bilateral floaters in the eyes and denied service connection for chronic low back pain.

The Board found that the veteran's current back disability is not related to his active service, including a reported low back injury in 1941 or 1942. As such, the claim for direct service connection was denied.

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

The Board has denied the veteran's claims for service connection for low back condition, rectal itching, hair loss, gastroesophageal reflux disease with duodenitis and a skin condition as due to an undiagnosed illness. The issues are considered 'denied' in this decision.

The Board has denied the veteran's claims for service connection for pneumonia, a back disability secondary to an inservice thoracotomy, and lung removal due to the conclusion that these disabilities resulted from the veteran's own abuse of drugs during service.

The veteran's service-connected disabilities do not meet the criteria for an extension of his eligibility period for vocational rehabilitation training under Chapter 31, Title 38.

The Board has granted increased ratings for the veteran's service-connected left nephrectomy and lumbosacral spine disability, with a current rating of 30% for the former and 60% for the latter.

The Board has determined that the veteran's service-connected low back disorder warrants a disability rating of 20 percent, reflecting moderate symptoms with recurring attacks.

The Board denied the appellant's claims for higher ratings for his service-connected low back disability, finding that the evidence did not meet the criteria for a rating in excess of 40 percent from October 10, 1997 to June 9, 1998 and for a rating in excess of 60 percent subsequent to October 1, 1998.