Back / lumbar spine decisions — 2000

The veteran's left ankle disability is granted under 38 U.S.C.A. § 1151, but his claims for low back and bilateral hearing loss are denied as not well grounded.

The Board denied the veteran's claims for service connection for residuals of yellow fever and a low back condition, as well as his attempt to reopen a claim for service connection for a nervous condition. The evidence submitted was not considered new and material.

The Board has remanded the case for additional development, including obtaining medical records and scheduling a VA examination. The veteran's claim for service connection for lumbar disc disease is related to his service-connected right ankle fracture.

The Board denied reopening of the veteran's claims for service connection for gout and a back disability due to lack of new and material evidence.

The veteran's claim for service connection for arthritis of the low back is granted due to a diagnosis within one year postservice. The claim for respiratory disability (emphysema and chronic obstructive pulmonary disease with pulmonary fibrosis) is denied as it does not meet the direct basis requirement. Service connection for PTSD remains pending.

The Board has determined that the claims for service connection for low back disability and fungus of toenails are not well grounded. The claim for service connection for a bilateral ankle disorder is well grounded.

The Board denied the veteran's claims for service connection of a seizure disorder secondary to his service-connected low back disorder and for an increased rating for major depressive disorder. The effective date for total disability based on individual unemployability was set at March 19, 1996.

The Board found that the veteran's claims of service connection for a neck disorder, bilateral knee disorder, stomach disorder, hiatal hernia, fatigue, and back disorder (arthritis of the lumbosacral spine) are not well-grounded due to lack of medical evidence supporting these conditions.

The Board found that the appellant's claims for service connection were not well grounded and denied them. The back disability was not shown to have been aggravated by INACDUTRA, and there is no medical evidence supporting the other conditions.

The Board denied the claim for service connection for low back disorder and granted a 30 percent evaluation for asthma. The decision is based on the appellant's symptoms and medical records, with no new evidence or changes in criteria.

The veteran's claim for an increased rating for his back disability is denied as the evidence does not show that he meets the criteria for a higher rating under VA's schedular guidelines.,The effective date of the 60% rating for the service-connected back disability is set at November 22, 1994. The claim for an earlier effective date is denied because it was not factually ascertainable that the veteran met the criteria for a 60% rating prior to this date.,The effective date of the total disability rating based on individual unemployability is set at November 17, 1998. The claim for an earlier effective date is denied because it was not factually ascertainable that the veteran met the criteria for a total disability rating based on his service-connected disabilities prior to this date.

The Board denied an increased rating for the appellant's lumbosacral strain with fusion from L4-S1, spondylolisthesis, spondylolysis, bulging disc, and Spina Bifida Occulta.

The veteran died in February 1998 and was not buried in a state veterans' cemetery. The VA Regional Office denied the appellant's claim for burial benefits due to lack of eligibility under applicable laws and regulations.

The Board denied the veteran's claims for service connection for a back disability and bilateral knee disabilities, finding that there was no evidence linking these conditions to his military service.

The Board found no evidence of a current low back disability and concluded that the appellant's development defect of sacralization of L5 did not result in any residual disability. The claim for service connection was denied.

The Board found that the veteran's claim for service connection for arthritis of multiple joints and lumbosacral strain was not well-grounded. The rating for lumbosacral strain was increased to 20 percent, effective July 1993.

The Board denied the veteran's claims for increased ratings and financial assistance, finding that his chronic lumbosacral strain warranted a 40% rating based on severe limitation of motion. The total disability rating claim was also denied.

The Board denied the claim of service connection for a back disorder, finding that the veteran's current condition was not incurred or aggravated by service. The evidence submitted since 1974 did not provide new and material information to support this conclusion.

The veteran's claims for increased evaluations for his lumbosacral spine disability and anxiety disorder are being remanded due to the need for additional VA examinations.

The Board has determined that the veteran's claims for service connection for low back disorder, foot disorder, bilateral shoulder disorder, gastrointestinal disorder, bilateral knee disorder, and skin cancer are not well grounded as there is no competent clinical evidence of a nexus between any current disability and active service.