Back / lumbar spine decisions — 2000

The veteran's appeal has been dismissed due to his death.

The veteran's claims for increased disability evaluation and a total rating for compensation purposes based on individual unemployability are being remanded due to the need for additional development of the record, including scheduling a VA examination.

The Board has granted service connection for the veteran's low back condition, finding that it is related to parachute jumps in service and granting secondary service connection for his knee conditions.

The Board found that the veteran's current low back disability is not related to service and denied his claim.

The veteran is entitled to an earlier effective date of July 28, 1994 for the award of a total disability rating based on individual unemployability due to his service-connected disabilities. The veteran's disabilities were rated at 80 percent prior to this decision.

The Board finds the appellant's claim well-grounded and remands for further development of evidence to determine if service connection can be established.

The veteran's disabilities, including a personality disorder and hypertension, render him unable to secure and follow a substantially gainful occupation, warranting a permanent and total disability rating for non-service-connected pension purposes.

The Board has determined that the veteran's neck disability, including degenerative disc disease and arthritis, did not develop during service or as a result of any incident in service. The claim is denied.

The Board found no evidence of current disabilities for the claimed conditions and denied service connection.

The VA determined that the appellant's right shoulder and low back disabilities do not warrant increased evaluations, as they are currently rated at their maximum levels.

The VA denied the veteran's claim of service connection for a back disability, finding that his claim was not well-grounded.

The Board has determined that the veteran's lumbar spine disorder warrants a 20% evaluation, effective October 1, 1996. The ratings for hemorrhoids and post-operative residuals of the right 5th finger remain at 10%. These decisions are based on the clinical evidence showing moderate intervertebral disc syndrome with recurring attacks, mild limitation of motion, and no ankylosis or severe lumbosacral strain.

The Board denied the appellant's claims for an increased evaluation for his service-connected degenerative joint disease, lumbosacral spine with history of back injury and compensation under 38 U.S.C.A. § 1151 for headaches.

The veteran's service-connected disabilities do not render her unemployable, as she can perform the physical and mental acts required for gainful employment despite her conditions.

The Board has denied the veteran's claims for service connection for various conditions, including chronic low back disorder, chronic sinusitis, chronic left ankle disorder, fungus condition of the left foot, degenerative joint disease (arthritis) of the wrists, fingers of both hands, and elbows. The RO determined that these claims were not well grounded as they were not shown in service.

The veteran's claims for service connection and increased ratings were denied. The Board found the evidence insufficient to support a well-grounded claim for secondary service connection.

The Board denied service connection for a low back condition, concluding that the evidence did not support a link between the veteran's current disability and his military service.

The Board has remanded the case to the RO for further development and readjudication, including consideration of new VA medical records. The veteran's claim will be reopened if new and material evidence is submitted, but service connection will not be granted unless all old and new evidence supports it.

The Board denied the veteran's petition to reopen his claim of entitlement to service connection for DJD of the cervical and lumbar spine, and also denied his claim for a rating greater than 40 percent for lumbosacral strain. The evidence submitted was found not new and material.

The Board has reopened the veteran's claim of service connection for back disability due to new and material evidence. However, the claim is not well-grounded as there is no clear and convincing evidence that a pre-existing back condition was aggravated by service.