Back / lumbar spine decisions — 2000

The Board has remanded the case due to incomplete service medical records and administrative files, and will make a specific determination regarding the appellant's discharge from military service.

The veteran's claims for service connection and earlier effective dates were denied. The Board found that the veteran did not meet the legal requirements for these claims due to the timing of her original claim.

The Board has granted a 40 percent disability rating for the veteran's post-operative lumbar laminectomy and fusion, effective from the date of the decision.

The Board denied the veteran's claims for service connection and an increased rating, finding no evidence of a current low back disorder related to his military service or a service-connected disability. The cervical spondylosis with right radiculopathy C5-C6 was rated at 40%.

The Board denied the appellant's claim for additional dependency and indemnity compensation under 38 U.S.C.A. § 1311(a)(2) as her husband had not been rated at a 100% disability level for eight or more years prior to his death.

The Board denied the veteran's claims for service connection for various orthopedic conditions, including bilateral hearing loss and ankle and knee disorders. The decision found that there was no evidence of a current disability in some cases or that the disabilities were not related to service.

The Board of Veterans' Appeals has remanded the case for further development, including obtaining additional evidence and arranging for a VA examination.

The Board has granted a 60 percent evaluation for the veteran's service-connected lumbosacral strain with degenerative disc disease at L4-5, effective August 6, 1997.

The Board found that the veteran's current back disorder is not etiologically related to a disease or injury incurred in service, and thus denied his claim for service connection.

The Board granted a 20 percent evaluation for the veteran's degenerative spondyloarthrosis with chronic low back syndrome of the lumbosacral spine, and denied an increased rating for his left ear hearing loss.

The veteran's low back disorder and residuals of diskectomy at C5-C6 are currently rated as 40 percent and 20 percent disabling, respectively. The case is remanded for further development.

The Board has determined that the veteran's current bilateral hearing loss, tinnitus, and lumbar back disorder are all related to his service. The evidence supports a finding of in-service noise exposure leading to hearing loss and tinnitus, as well as an inservice low back injury resulting in a current disability.

The veteran's low back and right shoulder disorders are not service-connected, while his hip and knee conditions have been granted a 10% evaluation. His PTSD remains at 50%. The claims for increased evaluations remain denied.

The Board has granted a 20% rating for low back strain, a 10% rating for left ear hearing loss, and a 10% rating for tinnitus. The veteran's conditions are all rated based on their direct service connection without any presumption or secondary theory.

The Board has determined that the veteran's low back disability is service-connected, and he is granted a 10 percent evaluation for his right knee disability. The left ankle disability claim was not substantiated in service records. The cervical spine, bilateral plantar fasciitis and calcaneal spurs, and residual dislocations of the 4th and 5th fingers are all rated as 10 percent disabling.

The veteran is granted an effective date of August 1, 1993 for the award of a compensable disability evaluation for chronic low back disorder.

The veteran's claim for an earlier effective date for a total rating based on individual unemployability was denied as the earliest effective date is August 19, 1998.

The veteran's service-connected degenerative joint disease of the lumbar spine with X-ray evidence of thoracic spine involvement is currently rated at 40 percent, but does not meet criteria for a higher rating. The veteran's total disability rating based on individual unemployability due to service-connected disabilities is also denied.

The Board found no clear and unmistakable error in the July 1991 rating decision that denied service connection for a low back disorder, as there was insufficient evidence to support such an award at that time.

The veteran's appeal for a rating in excess of 30 percent for PTSD was denied. The Board found that the evidence did not meet the criteria for a higher rating, as his symptoms were best approximated by the 30 percent rating. Service connection for low back disability and skin disability is also denied due to lack of sufficient medical evidence.