Back / lumbar spine decisions — 2000

The Board granted service connection for lumbosacral strain with spasms, disc protrusion at L5-S1, and mild degenerative disc disease at L5-S1. The initial rating of 20% was maintained for residuals of a right patellar fracture. The TDIU claim was also granted.

The Board has decided to remand the veteran's claim for TDIU due to a lack of recent medical examination and evidence, requiring further development including an additional VA examination.

The Board denied the appellant's claims for service connection for low back disability, right foot disability, and an increased rating for residuals of fracture of the right ring finger. The claim for a compensable rating for the right ring finger was denied due to lack of residual impairment.

The Board found that the veteran's low back disorder and right lower extremity neuropathy are not proximately due to, nor do they result from, his service-connected residuals of a stress fracture of the right third metatarsal. The noncompensable evaluation for the service-connected residuals of a stress fracture remains in effect.

The veteran's low back disorder is rated at 20 percent, and his right wrist residuals are not compensable.

The Board found no evidence of a current cervical spine or low back disability and concluded that the veteran's service connection claims for these conditions were not well-grounded.

The Board has determined that the veteran's lumbar spine disability is proximately due to or the result of his service-connected right hip disability, and therefore grants secondary service connection for this condition.

The Board found that the veteran's degenerative disc disease of L3-4 and L5-S1 with mild anterior spurring was not incurred in or aggravated by service, as there is no evidence showing a chronic back disability during service or beyond the applicable presumptive period. The claim was denied.

The Board has granted a 20% disability rating for the service-connected degenerative arthritis of the lumbar spine, effective from when this determination was made. The claim for increased evaluation for tension headaches remains denied.

The Board has remanded the case for further development, including obtaining additional medical records and arranging for a VA physician to provide an opinion on the likelihood of service connection for the veteran's low back disability.

The Board has ordered additional development of the veteran's claims, including obtaining treatment records from his VA Medical Center in Fayetteville. The case will be returned to the RO for further review and consideration.

The Board has determined that new and material evidence has not been submitted to reopen the veteran's claim for service connection for a back disorder. The right knee and left knee injury claims are pending.

The Board has determined that the veteran's claims for service connection for tinnitus, bilateral hearing loss, and vision loss are not well grounded. As such, these claims cannot be granted.

The Board has granted a higher disability rating of 60 percent for the veteran's low back disorder with advanced degenerative disc disease, finding that it more nearly approximates the criteria for a 60 percent evaluation under Diagnostic Code 5293.

The Board denied the veteran's claims for service connection for a back disorder and right leg disorders, finding that new and material evidence was not submitted to reopen these claims.

The veteran's claim for an increased evaluation of his low back disorder is being remanded due to the need for additional medical evidence and consideration.

The RO granted service connection for the veteran's low back injury but assigned a noncompensable evaluation. The case is now remanded to gather more medical evidence and possibly assign staged ratings.

The Board found no medical evidence linking the veteran's current low back disability to his service, including a motorcycle accident in 1978. The claim is therefore denied.

The Board has ordered the Department of Veterans Affairs (VA) to provide further evidence that the appellant's psychotherapy needs, including the prescription of tranquilizers as required, are available at the Santa Fe Vet Center. The VA must also review the relevant evidence and readjudicate the claim seeking an extended fee-basis authorization.

The Board has granted service connection for a stomach disability and an increased rating for back and psychiatric disabilities. The veteran's stomach disability is found to be related to his in-service diagnosis of GERD, which he continues to experience post-service. For the back disability, the Board determined that the current 20% rating adequately reflects the moderate limitation of motion and functional loss due to pain. For the psychiatric disability, the noncompensable rating was maintained as the GAF score of 80 indicates no more than slight impairment in social functioning.