Back / lumbar spine decisions — 2000

The Board found that the veteran's back disability was not caused by the VA-administered spinal anesthetic in December 1993, but rather related to his pre-existing prostate cancer and metastases. The treatment did not result in additional disability.

The Board found that the veteran's eligibility for flight training benefits under Chapter 31 was not established, as all costs and expenses of actual flight training were not approved by VA VR&C.

The Board dismissed the appeals of the veteran's claims for increased disability ratings and a total rating based on individual unemployability due to service-connected disabilities, as well as her claim for a compensable disability evaluation for herpes simplex. The veteran withdrew her appeal regarding these issues.

The Board denied the veteran's claims for an earlier effective date for a total rating based on individual unemployability due to service-connected disabilities and her Substantive Appeal. The veteran was granted a 70% disability rating for major depression, but not before November 21, 1996.

The veteran's claim for an increased evaluation of his service-connected lumbar strain is under review. Additionally, the issue of whether he should be granted service connection for a secondary disability involving disc disease in his lumbosacral spine is also pending.

The Board has denied all service connection claims as not well grounded due to lack of competent medical evidence linking the veteran's current conditions to his military service.

The Board denied service connection for low back disability in May 1987 and found the claim of pulmonary disability, including bronchitis and influenza residuals, not well grounded. The veteran's request to reopen the low back disability claim was also denied.

The Board found that the veteran's claims for service connection for right heel pain and low back disorder were not well-grounded, as there was no competent evidence linking these conditions to his military service.

The Board denied the veteran's claim for an effective date prior to May 23, 1994 for a 40 percent evaluation for his service-connected lumbosacral strain. The decision stated that there was no evidence of entitlement to an earlier effective date based on medical records from before May 23, 1994.

The VA denied the veteran's claim for an increased evaluation for his service-connected herniated nucleus pulposus, lumbar spine with residual right lumbar radiculopathy.

The Board found that the veteran does not meet the criteria for special monthly pension based on the need for regular aid and attendance of another person due to his physical limitations, but independence in daily living activities.

The veteran's claims for increased disability ratings and individual unemployability are being remanded due to the need for additional development of evidence.

The VA denied the claim for a rating in excess of 40 percent for residuals of a laminectomy and diskectomy of the lumbar spine.

The Board has denied the veteran's claims for service connection for various conditions, finding that there is no evidence to support a plausible claim for any of these conditions.

The veteran's service-connected lumbosacral strain did not result in a serious employment handicap, and thus he is not entitled to an extension of his basic period of eligibility for receiving vocational rehabilitation training under Chapter 31.

The Board found that the veteran's osteoporosis of the lumbar spine did not meet the criteria for a 20 percent disability rating prior to June 9, 1993. The veteran was denied an earlier effective date.

The Board found that the veteran's lumbosacral strain did not warrant a rating higher than 20 percent, effective from January 4, 1993 through June 30, 1999.

The veteran's low back disorder is currently rated at 40% due to severe but not pronounced impairment.,For the period of July 1, 1993 to December 12, 1996, the veteran's cervical spine disorder was evaluated as 20%, and since then it has been rated as noncompensable.

The Board denied the veteran's claims for service connection for a low back disorder, entitlement to a compensable disability rating for chondromalacia patellae of both knees, and entitlement to a higher disability rating for his generalized anxiety disorder. The issue of total disability rating based on individual unemployability due to service-connected disabilities remains in contention.

The veteran's claims for increased ratings and service connection were denied. The Board found no current diagnosis of tinnitus, and the lumbar strain and right trapezius strain are not shown to warrant a rating in excess of 10 percent.