Back / lumbar spine decisions — 2000

The Board has granted service connection for the veteran's headaches, blackouts, right shoulder disorder, back disorder, optic nerve damage, and nasal fracture, all claimed as residuals of a motor vehicle accident. The RO also assigned a 10 percent evaluation for the veteran's scar above his right eyebrow.

The veteran's claim for an increased rating for lumbosacral strain is denied as the evidence does not show that his condition warrants a higher rating.

The Board has denied the veteran's claim for an increased evaluation of his service-connected chronic low back pain, finding that there is no evidence of muscle spasms or absent ankle jerk indicative of a higher rating. The veteran's asbestosis was granted service connection.

The Board has determined that the appellant did not file an adequate substantive appeal regarding their claim of entitlement to service connection for lumbosacral strain, and thus lacks jurisdiction to consider this issue.

The veteran's disabilities do not render him unable to tend to the basic functions of self-care without regular assistance from another person, and he is not blind or so nearly blind as to have corrected visual acuity of 5/200 or less in both eyes. Therefore, his claim for special monthly pension based on need for aid and attendance is denied.

The veteran's service-connected disabilities necessitate the need for regular aid and attendance of another person, warranting special monthly compensation based on the need for regular aid and attendance. However, he does not meet the criteria for housebound benefits due to a single service-connected disability rated at 100 percent.

The veteran's claim for an increased evaluation of his low back disability is being remanded due to the need for additional development, including obtaining x-ray studies and a VA orthopedic examination to assess functional loss.

The Board has denied the veteran's claims for service connection for various conditions, including a low back disorder, an adjustment disorder, PTSD, tinnitus, and right ear hearing loss. The evidence did not support these claims.

The Board denied an increased rating for the veteran's service-connected degenerative disc and joint disease of the lumbar spine with residuals of L4 and L5 decompression and fusion, but granted a temporary total rating for convalescence due to his back surgery. The claim for an increased rating for residuals of a fracture of the right ilium was denied.

The Board has granted a higher rating of 20 percent for the veteran's mechanical low back pain and separate ratings of 10 percent each for her right and left knee disorders.

The Board has determined that the veteran's claims for service connection for low back, cervical spine, and left shoulder disabilities are not well-grounded. The claim for increased rating for hysterical neurosis, conversion type is denied.

The Board has determined that the veteran's low back disorder was incurred in service and granted service connection. The rating for hypertension remains at 10 percent.

The veteran's service-connected chronic lumbar syndrome was granted a 40 percent evaluation effective June 1, 1993.

The Board has determined that the veteran's chronic low back disorder is service-connected, and her left knee strain and arthritis are also service-connected. The claim for residuals of a left femur fracture is not well-grounded as there is no competent evidence of current disability involving the left femur.

The Board has granted a compensable evaluation of 10% for the veteran's residuals of a fractured pelvis and found service connection for his low back disorder, right shoulder disorder, and right elbow disorder secondary to his service-connected residuals of a pelvis fracture. The other claims were not well-grounded.

The Board has determined that the appellant's claims for service connection are not well grounded for all of his claimed conditions. The evidence does not support a finding of a nexus between any of these conditions and his military service.

The veteran's alcohol and substance abuse is considered willful misconduct, preventing him from receiving pension benefits. His psychiatric disability, including organic brain disorder, does not meet the criteria for a permanent and total disability rating due to its severity.

The Board denied the veteran's claims for service connection for post-traumatic stress disorder, an increased evaluation for his back disability, a compensable evaluation for his bilateral hearing loss, and a total compensation rating based on unemployability. The decision also noted that the veteran's combined service-connected evaluation was 60 percent.

The VA determined that the veteran's disability, residuals of an injury to the lumbosacral spine with arthritis, does not warrant a rating higher than 10 percent.

The Board found that the veteran's service connection claim for a back disability is not well grounded. The low back disorder was rated at 20 percent disabling, and other conditions were also considered in determining pension eligibility. The veteran did not meet the criteria for a permanent and total disability rating.