Back / lumbar spine decisions — 2000

The veteran's claim for an earlier effective date for a waiver of premiums on his National Service Life Insurance policy is denied. The Board found that there were no circumstances beyond the veteran's control which prevented him from filing a claim for waiver of premiums prior to December 1995.

The Board has determined that the veteran's claims for service connection for various conditions, including macular degeneration, prostate disorder, peripheral neuropathy, low back disorder, generalized arthritis, lung disorder, and impotence are not well-grounded. The evidence does not support a causal relationship between these conditions and his military service.

The veteran's claim for service connection for the residuals of a low back injury is denied as not well grounded.

The Board has granted a higher evaluation for the veteran's low back pain, increasing it from zero to 10 percent.

The Board found no causal link between the veteran's current back disorders and his service, concluding that they were not incurred or aggravated by military service.

The Board has determined that the veteran is not entitled to an evaluation in excess of 40 percent for his service-connected osteoporosis and spondylosis of the lumbar spine, as well as a higher evaluation for residuals of fracture of the descending ramus of the left pubic bone and ascending ramus of the left ischium. The veteran's combined disability rating does not meet the criteria for a total rating under 38 C.F.R. § 4.16(a).

The Board denied the veteran's claims for increased rating for rheumatic heart disease, service connection for a back disorder as secondary to rheumatic heart disease, and service connection for an esophageal disorder. The TDIU claim was also denied.

The Board has dismissed the appeal due to lack of jurisdiction, as the veteran failed to file a timely substantive appeal for the September 1997 RO decision denying service connection for left knee and low back disabilities. The right knee instability and arthritis are rated at 10 percent prior to April 7, 1997, and since then.

The Board denied an earlier effective date for the Total Disability Rating based on Individual Unemployability (TDIU) and did not address the issue of an earlier effective date for the rating issues. The veteran's attorney was paid a fee from past-due benefits, but this payment is being withheld as it does not meet the requirements due to the separate nature of the TDIU issue.

The Board found that the reduction in disability rating from 10 percent to noncompensable for lumbosacral strain was proper and upheld. The veteran's claim for a 10 percent evaluation based on multiple noncompensable service-connected disabilities under 38 C.F.R. § 3.324 was denied.

The Board has granted service connection for degenerative joint disease of the lumbar spine and a kidney disorder, finding that both conditions are related to service. The veteran is also awarded a 10% evaluation for his pilonidal cyst from June 21, 1996.

The Board has granted service connection for hypertension and degenerative joint disease of the lumbar spine, finding that these conditions are likely related to service. Service connection for arthritis of the hips was not established due to lack of medical evidence linking it to service or a service-connected condition. The veteran's increased rating claim for cervical spine disability is also granted.

The Board denied the veteran's claims for service connection of right knee and elbow disabilities, as well as his request to increase the rating for bilateral defective hearing. The decision also noted that new and material evidence had not been submitted to reopen a claim of primary service connection for a back disability.

The veteran's claims for higher original ratings for his lumbosacral strain with arthritis and residuals of a neck injury were denied. The effective dates for the grants of service connection remain unchanged.

The Board has determined that the veteran's claimed conditions are related to service and have granted service connection for chronic lumbar spine strain, chronic dorsal strain, residuals of right knee sprain, and tinnitus. Service connection was denied for bilateral hearing loss.

The Board has reopened the veteran's claim for service connection of a low back disorder and found it to be well grounded. The RO is directed to obtain medical records, schedule the veteran for an examination by a VA orthopedic specialist, and then readjudicate the case.

The Board found no competent medical evidence linking the veteran's current degenerative arthritis of the cervical and lumbar spine, as well as his psoriasis, to his period of active service. Therefore, the claims for these conditions were denied.

The Board denied the veteran's claims for severance of service connection, increased evaluation for right hip disability, and reopening of claims for various conditions. The decision also referred the issue of entitlement to a total disability rating based on individual unemployability due to service-connected disability back to the RO.

The Board has granted a rating of 60 percent for the veteran's chronic lumbosacral strain with bulging disc and herniation at L4-L5 and L5-S1 levels, effective as of the date of this decision.

The Board has remanded the case for further development and consideration, including obtaining additional medical records and applying new legal standards.