Back / lumbar spine decisions — 2000

The Board found that the veteran did not submit new and material evidence to reopen his claim of service connection for a low back disability, resulting in denial.

The Board denied service connection for migraine headaches with nausea and lumbosacral strain due to undiagnosed illness, finding the evidence did not support a well-grounded claim.

The Board found that new and material evidence had not been submitted to reopen the veteran's claim for service connection of a lower back disability. The decision is mixed as some issues are granted while others are denied.

The veteran's claim for non-service-connected pension benefits was denied multiple times, and the effective date of his award is set at June 11, 1997.

The Board has reopened the veteran's previously denied claim for service connection of a back disorder and found that new evidence submitted since the last denial supports this claim. The RO will now determine if service connection is warranted.

The veteran's claims for service connection for an upper back disability, residuals of bilateral shoulder surgeries, a psychiatric disability, and a jaw disability (including basal cell carcinoma) are not well grounded. The Board finds that the evidence does not establish a link between these conditions and his military service.

The Board has granted a 20 percent disability evaluation for bilateral hearing loss and has reopened the claim to reopen for service connection of low back disability. The veteran's current arthritis is considered to be superimposed on his previously service-connected fracture.

The Board granted an increased rating of 40 percent for the veteran's service-connected degenerative disc disease of the lumbosacral spine with a right foot drop, effective July 11, 1995.

The Board denied the veteran's claim for an effective date prior to October 28, 1983, for a grant of service connection for residuals of a low back injury with fascial defect and compression deformity of L-1. The earliest reference to this condition was in a VA Form 21-526 submitted by the veteran on October 28, 1983.

The veteran's claim for an increased rating for hidradenitis suppurative is being remanded due to the need for further development. The case also remains on hold regarding reopening of a service connection claim for a lumbosacral strain.

The veteran's claims for service connection for various conditions were denied as his claims were not well-grounded.

The Board has determined that the veteran's currently manifested arthritis of the right foot and degenerative lumbar vertebral disease are related to his active service, granting service connection for these conditions.

The veteran's service-connected lumbosacral strain with intermittent right sciatic neuralgia was rated at 40 percent since October 9, 1989. The appeal for higher ratings is denied.

The Board denied the veteran's claims for service connection for congenital transitional L5 vertebra, degenerative low back instability, and residuals of a head injury (including headaches), finding that the preexisting conditions were not aggravated by service.

The Board denied service connection for residuals of a back disorder and fibromyalgia, finding the claims not well grounded.

The Board denied the veteran's claims for service connection for lumbosacral strain, right tarsal tunnel syndrome and reflex sympathetic dystrophy of the ankle and foot, left heel spur, and degenerative joint disease of the right knee, all secondary to her service-connected chondromalacia of the left knee with chronic tenosynovitis.

The veteran's claim for an increased rating for his service-connected lumbosacral strain is being remanded due to the need for additional medical examination and consideration of functional loss.

The veteran requested a hearing before the Board but failed to attend. The appeal is being remanded for scheduling this hearing.

The Board denied the veteran's claim for a permanent and total disability evaluation for pension purposes due to his combined rating of 40 percent, which does not meet the threshold requirements for such a rating.

The Board has determined that the veteran's claim for service connection is well grounded and must be considered on a de novo basis. The evidence supports the veteran's contention that his current cervical spine degenerative disc disease is related to an injury sustained during active service.