Back / lumbar spine decisions — 2000

The Board has determined that the veteran's service-connected musculoskeletal low back strain does not warrant a rating higher than 20 percent, as there is no evidence of severe limitation of motion or intervertebral disc syndrome.

The Board found that the veteran's claim for service connection for a back disability was well-grounded and granted it. The issue of reopening his claim for service connection for a psychiatric disorder was also granted, as new and material evidence had been submitted.

The Board denied reimbursement or payment for the cost of private medical care provided to the veteran at McKennan Hospital from July 7 to [redacted], 1996, due to lack of a medical emergency and because VA facilities were feasibly available.

The veteran's claim for an increased evaluation of his service-connected lumbar disc disease from 20% to 60% was granted, effective December 7, 1993. The decision also established eligibility for payment of attorney fees from past-due benefits.

The Board found that the veteran had not submitted new and material evidence to reopen his claim of service connection for a back disorder, including degenerative arthritis of the cervical and lumbar spine with degenerative disc disease at L5-S1.

The Board finds that the veteran's claim for service connection for a lumbar spine disability, including arthritis, is not well grounded because there is no competent medical evidence linking any inservice trauma or pathology to his current disabilities.

The veteran's claim for an increased rating for his service-connected low back disability was granted, and the effective date of his award of Total Disability Rating Based on Individual Unemployability (TDIU) is set at November 19, 1989.

The VA determined that the veteran's degenerative disc disease at L5-S1 results in no more than moderate impairment, warranting a 20 percent evaluation.

The Board denied the veteran's claim of service connection for residuals of dorsal lumbar sympathectomy on a direct incurrence basis, finding that there was no evidence to support this claim.

The Board found no competent evidence to support the veteran's claim of a back disorder due to service, thus denying the claim.

The Board found that the reduction of the evaluation for low back strain with hamstring spasms superimposed upon congenital scoliosis, with severe limitation of motion, from 40 to 20 percent was void ab initio and restored the 40 percent evaluation. The veteran's dysthymic disorder with a depressed mood is rated as 30 percent disabling.

The Board denied the veteran's claims for an effective date prior to October 16, 1996 for service connection for low back pain syndrome and a higher evaluation for her low back disability. The veteran's seizure disorder claim was not addressed in this decision.

The Board has determined that the veteran's claim for an increased evaluation of his service-connected lumbar paravertebral myositis and bilateral L5-S1 radiculopathy is well grounded. The RO assigned a 40 percent disability rating effective June 27, 1996, but did not address the period from March 29, 1995 to June 27, 1996. Therefore, the case is being remanded for further development.

The Board has denied the veteran's claims for service connection for low back disorder, shoulder disorder, and hematuria or bloody stools. The claim of service connection for PTSD is granted with a 50% evaluation.

The Board denied the appellant's claims for increased ratings and service connection for various conditions, including arthritis of the right hip, left wrist sprain, low back disorder, hypertension, stomach disorder, cerebral vascular accident (CVA) or stroke, and seizure disorder.

The Board denied the veteran's claims for service connection for hearing loss and back disability, finding that new evidence did not reopen his claim for hearing loss and that there was no nexus between his current back disability and his service-connected bilateral knee disabilities.

The Board has determined that the claim is not well grounded and therefore denied.

The Board found that the appellant did not meet the burden of proof to establish service connection for neck and/or back disability, as there was no evidence of chronic disability resulting from any of the claimed injuries.

The Board has granted service connection for a back disability, tinnitus, and syneresis of the eyes. A 10 percent rating is assigned for residuals of a dislocation of the left fifth finger.

The veteran is granted special monthly pension based on the need for regular aid and attendance of another person due to his disabilities, but denied housebound status.