Back / lumbar spine decisions — 2000

The Board denied the veteran's claims for service connection for a low back disorder and a psychiatric disorder. The low back disorder is considered to have existed prior to service, and was not aggravated by active duty. There is no evidence of a nexus between the psychiatric disorder and any incident of active duty.

The veteran's service-connected low back disorder and left foot drop do not prevent him from securing and following substantially gainful employment.

The veteran's claims for increased ratings and a compensable rating were denied. The RO found that the evidence did not meet the criteria for an increased rating or a compensable rating.

The Board has determined that the veteran's claims for service connection for a heart condition, back condition, skin condition, and bilateral knee condition are not well-grounded as there is no competent medical evidence linking these conditions to his active service.

The Board found that the veteran's cervical spine disorder and lumbar spine disorder did not manifest during service or are otherwise related to service, thus denying service connection for both conditions.

The Board has reopened the veteran's claim of service connection for a back disability, but finds that it is not well-grounded due to lack of competent medical evidence linking the current condition to his period of service.

The veteran's claim for service connection for postoperative residuals of sebaceous cysts of the scrotum is granted.,The veteran's claims for ratings in excess of 10 percent for a mixed headache disorder and for residuals of viral meningitis with low back pain, as well as compensable ratings for sinusitis, right shoulder tendonitis, and residuals of viral meningitis with cervical rigidity are considered well grounded.

The Board finds that the veteran's claim of service connection for a lumbar spine disorder is well-grounded and sufficient to establish service connection. The evidence shows back pain in service, continued treatment post-service, and diagnosis of lumbar paraspinal muscular strain and spasm.

The veteran's claim for an increased evaluation for traumatic arthritis of the lumbar spine was denied by the RO. The condition is currently rated at 20 percent.

The Board has determined that the veteran's claims for left patellofemoral chondromalacia with medial patellar plica, gastrointestinal disorder due to an undiagnosed illness, and skin rash (tinea pedis) are well grounded. The lumbar spine disorder claim is also considered well grounded.

The Board has denied the veteran's claims for service connection for a lumbosacral spine disability and an increased rating for his cervical spine disability. The claim for service connection is not well-grounded, while the claim for an increased rating is well-grounded.

The Board has determined that the veteran's claim for service connection for a back disability is not well-grounded because there is no competent medical evidence linking his current condition to service.

The veteran's thoraco-lumbar strain and Morton's neuroma of the left foot were granted initial ratings, while his sleep apnea with tonsillectomy residuals was not rated higher than a non-compensable rating.

The Board denied service connection for cold injuries (frostbite) of the hands and lower legs, bilateral, and residuals of a low back injury due to lack of evidence of current disabilities or continuity of symptomatology.

The Board has determined that the veteran's low back disability, currently rated as 10 percent disabling under Diagnostic Code 5295 (lumbosacral strain), does not warrant a higher rating based on limitation of motion or other factors. The current evaluation is maintained.

The Board found no evidence of current hearing loss or chronic low back disorder related to service, and thus denied the veteran's claims for these conditions.

The Board has denied the veteran's claims for service connection for neck and trapezius muscle strain, as well as low back disorder. The evidence does not support a finding of current disability related to these conditions during or after service.

The veteran's service-connected low back disability has been assigned a maximum schedular evaluation of 60 percent. The criteria for a total rating based on individual unemployability have also been met.

The Board has granted service connection for a low back disability and reopened the claim based on new evidence. The issue of an initial compensable rating for bilateral hearing loss is remanded to the RO.

The Board granted a 20 percent rating for the veteran's intervertebral disc syndrome of the lumbosacral spine effective from December 16, 1998.