Back / lumbar spine decisions — 2000

The veteran's case is being remanded for further development, including a VA examination to assess the severity of his service-connected lumbosacral strain and whether an extraschedular rating is warranted.

The Board found no evidence that the veteran's current low back disability is related to his fall during his VA hospitalization in 1992, and thus denied compensation under 38 U.S.C.A. § 1151.

The Board found no current right knee, thoracic/lumbar spine, or rib disorder and thus denied the claims for service connection. The cervical spine disability is rated at 20%.

The veteran's back disorder results in significant limitation of motion with objectively demonstrated pain on motion, and the level of disability associated with his low back strain more nearly approximates the criteria for a 40 percent rating.

The Board has granted service connection for spondylosis of L1-L2 and remanded the issue of an increased rating for low back strain.

The Board has determined that the veteran's lumbosacral strain and degenerative disc disease warrant a 20 percent evaluation, effective from his date of claim.

The Board has denied the veteran's claims for reopening service connection for back disability, heart disability, and emphysema due to lack of new and material evidence.

The Board has determined that the appellant did not submit new and material evidence to reopen his claim for service connection for a back disorder, which was previously denied in 1957.

The veteran's claims for compensable ratings for low back disorder, right knee disorder, and left knee disorder are being remanded due to the need for additional medical examination and development of records.

The veteran's low back strain was previously rated at 10 percent, effective January 15, 1997. The RO has now proposed to reduce this rating to noncompensable, effective June 1, 1999. However, the Board finds that a restoration of the 10 percent rating is warranted due to improvement in the veteran's condition.

The Board has determined that the veteran's lumbar spine condition does not warrant a higher disability rating, as it is currently evaluated at 20 percent.

The Board has determined that the veteran's degenerative arthritis of both hips, lumbosacral strain with disc disease and arthritis, and bilateral hearing loss are all service-connected. The evaluation for lumbosacral strain is granted at 20 percent, while the hearing loss remains noncompensable.

The Board denied the veteran's claims for increased ratings for his service-connected left knee disability, finding that there was no clear and unmistakable error in the July 1993 RO decision denying service connection for a low back disability. The Board also found that the veteran did not meet the criteria for a rating in excess of 20 percent prior to December 23, 1996 or in excess of 10 percent after January 31, 1997.

The Board has determined that the veteran's claims for service connection for bilateral ankle arthritis and a low back disability secondary to his service-connected knee disabilities are not well-grounded. The medical evidence does not support these claims.

The Board has determined that new and material evidence has been submitted to reopen the claim of service connection for a back disability, and thus the appeal is granted.

The Board has granted a higher 30 percent rating for the service-connected low back disability, which was previously rated at 20 percent.

The Board denied the veteran's claims for service connection for a back disorder and an increased rating for organic brain syndrome, but upheld his individual unemployability rating. The decision also noted that there was no evidence linking the personality disorder to the service-connected organic brain syndrome.

The Board has granted service connection for the veteran's low back and cervical spine disabilities, effective from October 11, 1989. The issues of entitlement to an earlier effective date for PTSD were previously addressed by the Court and are not currently under consideration.

The Board has reopened the veteran's claim for service connection for a right knee disorder and finds that it is well grounded. The evidence shows that the veteran had a pre-existing condition of recurrent dislocation of the patella with chondromalacia, which existed prior to service and was not aggravated by service.

The Board found that the appellant's claims of service connection for endometriosis, lumbosacral strain, and major depression were not well-grounded due to lack of competent evidence linking these conditions to her military service.