Back / lumbar spine decisions — 2000

The veteran's disabilities, including his psychiatric disorder and COPD, are rated at the minimum levels allowed by law. The RO found that his alcohol abuse was due to willful misconduct and thus not compensable.

The Board denied the veteran's claim of service connection for his low back disability, finding no competent medical evidence demonstrating a nexus between his current condition and his period of active military service.

The Board denied the veteran's claims for service connection of low back disability and bilateral knee disabilities, as well as his request for a higher rating for post-traumatic stress disorder. The claim for secondary service connection for low back disability was not well grounded due to lack of evidence linking it to the service-connected left ankle sprain. The claim for reopening of the bilateral knee disabilities was granted based on new and material evidence. However, the veteran's bilateral knee disabilities were found not to be proximately due to or the result of his service-connected left ankle disability.

The Board has determined that the veteran's right knee disability does not warrant a higher rating, and his back condition is currently rated appropriately.

The veteran's lumbosacral strain with periarthritis is manifested by inclined posture, limited motion, and evidence of osteophytes. The Board has granted a 40 percent evaluation for this condition.

The Board has granted the veteran's claim for service connection for a stomach disorder and assigned a separate rating of 20% for his degenerative disc and joint disease involving the lumbosacral spine. The increased evaluation for residuals of a gunshot wound of the lumbar region, Muscle Group XX, is also granted.

The Board has found new and material evidence for reopening the claims of defective hearing on a direct basis, but not for secondary service connection or low back disorder. The veteran's claim is well-grounded for defective hearing on a direct basis.

The Board denied service connection for hearing loss and increased evaluations for post-traumatic stress disorder. The veteran's preexisting hearing loss was not aggravated during military service, and the evaluations in excess of 10 percent for post-traumatic stress disorder were denied as there was no increase in severity.

The Board denied the veteran's claims for service connection for a neck disorder, psychiatric disorder, and back disorder due to lack of evidence linking these conditions to service. The new evidence submitted since the previous decisions did not provide sufficient information to reopen any of the claims.

The Board denied increased ratings for the veteran's low back condition and bilateral knee conditions, finding that the evidence did not support a higher rating under applicable diagnostic codes.

The Board has determined that the veteran's claims for service connection for a back disability, initial compensable ratings for fractures of the left femur and fibula, and a gunshot wound to the right foot are not well-grounded. The evidence does not support a finding of a current disability related to military service or any incident therein.

The Board denied the veteran's claims for service connection for gout and increased ratings for bilateral hearing loss, finding that the evidence did not establish a relationship between these conditions and his military service.

The Board has remanded the case for further development, including a new VA examination of the right shoulder and clarification regarding the veteran's desire for another hearing on his low back claim.

The Board has determined that new and material evidence has been submitted to reopen the veteran's claim of entitlement to service connection for degenerative arthritis of the lumbar spine with degenerative disc disease. The claim is well-grounded as there is competent medical evidence showing a current disability, an inservice injury or disease, and a link between the two.

The Board found that the veteran's service-connected lower back disability did not meet or approximate the criteria for a rating in excess of 20 percent between September 22, 1992 and November 16, 1996.

The Board has determined that new and material evidence has not been submitted to reopen the appellant's claim for service connection of a low back condition. The appellant presented his previous claims, but no new or significant evidence was provided.

The Board found new and material evidence to have been submitted, but the claim remains undecided as it is unclear if the current back disability is related to service or a service-connected condition.

The Board granted the veteran's claims for service connection and assigned initial evaluations of 10 percent for patellofemoral syndrome in both knees, left ankle sprain, and right ankle sprain. The effective date is not specified.

The Board has determined that the veteran's cervical spine disability warrants a 20 percent evaluation, which is in excess of the current 10 percent rating.

The Board denied the veteran's claim to reopen his service connection for low back disability, finding that no new and material evidence had been submitted.