Back / lumbar spine decisions — 2000

The Board denied the veteran's claims for service connection for a back disorder and for an increased rating for residuals of a fracture, 5th metacarpal, right hand. The Board found no medical evidence linking the current back disorder to service and concluded that the functional impairment in the right hand was due to median nerve entrapment rather than the old fracture.

The Board denied a compensable evaluation for the veteran's service-connected varicocele, status-post varicocelectomy. However, it granted service connection for degenerative disc disease of the lumbar and cervical spine.

The Board has determined that the claim for service connection for degenerative disc disease of the lumbosacral spine is not well grounded and has been remanded to obtain a medical opinion linking the condition to service.

The VA denied the veteran's claim for service connection of a back disability, citing lack of evidence to support his claim.

The veteran's low back disorder, diagnosed as degenerative disc disease with sciatic neuropathy, has been rated at 60 percent since the date of her claim. This rating is based on the severity of symptoms including pain and neurological deficits.

The Board has determined that the veteran is entitled to additional SMC by reason of need for regular aid and attendance due to service-connected disabilities other than loss of use of both feet.

The veteran's major depression has been granted a 100% rating since December 1989, effective from the date of his claim. The back disability remains at 60%. The earlier effective date for TDIU is being remanded.

The veteran's low back disorder preexisted service and was aggravated by active duty. Service connection for the lumbar spine condition is granted.

The veteran's claim for vocational rehabilitation training under Chapter 31 was denied because his education and work experience qualified him for suitable employment, despite having a service-connected disability.

The VA has granted a 20% evaluation for arthritis of the lumbar spine due to low back injury, and service connection for degenerative joint disease in multiple joints (hips, cervical and thoracic spine, feet).

The Board denied an original rating greater than 40 percent for Degenerative Disc Disease at L4-L5 and L5-S1, and a rating greater than 30 percent for migraine. The veteran's claims were not granted.

The veteran's appeal involves two issues: whether she is entitled to a higher evaluation for her service-connected lumbosacral strain with arthritis before August 2, 1999 and whether she is entitled to a higher evaluation from that date forward. The case was remanded multiple times due to incomplete development of the evidence.

The Board denied the veteran's claim for an earlier effective date for service connection of degenerative disc disease, finding that the correct facts were not before the adjudicator and that pertinent regulatory or statutory provisions were correctly applied.

The veteran's PTSD is rated at 100% from the initial grant of service connection, and his lumbar spine disability was not found to be related to service.

The veteran's low back strain was not incurred while pursuing vocational rehabilitation training, and his generalized anxiety disorder is currently evaluated at 50 percent disabling.

The Board has reopened the claim for service connection for residuals of a lumbar spine injury and granted it. The claim for service connection for a bilateral knee disability was denied.

The veteran is seeking an increased rating for his service-connected lumbosacral strain with radiculopathy, currently rated at 40 percent. The Board has determined that additional development and adjudication are needed due to the lack of consideration of DeLuca factors in the previous examination report.

The Board has determined that the veteran's current low back disability is related to an injury sustained during his service, specifically during an appendectomy in January 1952. The case is therefore granted.

The Board denied the veteran's claim for service connection for a back disorder and additional unspecified disabilities as secondary to his service-connected left ear hearing loss, finding no evidence that his service-connected hearing loss caused or aggravated any of these conditions.

The Board denied the reopening of the claim of service connection for a back disability due to lack of new and material evidence.