Back / lumbar spine decisions — 2000

The Board found no evidence to support the veteran's claims for service connection for residuals of a head injury, kidney condition, right epicondylitis (claimed as a right forearm condition), and low back disorder. The only conditions granted were right hip arthritis.

The Board has granted the veteran's claim of entitlement to service connection for spondylolisthesis of L5 on S1, finding that it was incurred during active duty. The claims for bilateral hearing loss and tinnitus were denied as there is no medical evidence showing current disabilities or a link between service and these conditions.

The Board of Veterans' Appeals (BVA) has denied the veteran's claim for an evaluation in excess of 10 percent for her service-connected low back strain. The appeal is based on a March 1999 rating decision by the Department of Veterans Affairs (VA) Regional Office, which initially granted service connection and assigned a 10 percent rating.

The Board denied service connection for residuals of frostbite and degenerative arthritis of the knees, low back, shoulders, hands, and elbows due to a lack of competent medical evidence showing current disabilities.

The Board has determined that there is no well-grounded claim for service connection of any of the claimed conditions. The veteran's claims were denied as his evidence did not establish a nexus between his current disabilities and service.

The Board denied service connection for a back disability and dismissed the claims of defective hearing, chronic ear infections, and special monthly pension based on need for regular aid and attendance or housebound status. The veteran's claim for reopening his service connection for a back disability was also denied.

The appellant withdrew his appeal before the Board could make a decision.

The Board found that the veteran's claims for service connection were not well-grounded, as there was no evidence linking her current low back and right wrist disorders to active service.

The Board granted an increased rating of 30 percent for the service-connected back disability, effective October 6, 1990.

The Board has granted a 40 percent rating for the service-connected residuals of a bimalleolar fracture of the left ankle with internal fixation, finding that these symptoms more nearly approximate unfavorable ankylosis in extreme plantar flexion. The claim for service connection for a back disorder as secondary to the service-connected left ankle disability is also granted.

The veteran's low back disability was rated at 20 percent from January 29, 1993 to May 27, 1999.,From May 28, 1999 onwards, the disability remained rated at 40 percent.

The veteran's service-connected DDD of the cervical spine is rated at 30 percent effective April 1, 2000.

The veteran's claim for service connection for PTSD was denied due to lack of verified stressors. The low back disability is currently rated at 40 percent, effective September 3, 1992.

The Board denied service connection for a back disability, residuals of a head injury, diabetes mellitus, peripheral neuropathy, and bilateral foot deformity. The claim for increased evaluation of bronchial asthma was granted but the veteran disagreed with the assigned percentage.

The Board has determined that the veteran's claim for service connection for degenerative disc disease, claimed as peripheral neuropathy, is not well grounded because there is no competent evidence of a relationship between his current diagnoses and his active military service or herbicide exposure.

The veteran's claim for an increased rating for his service-connected degenerative joint disease of the lumbosacral spine with history of laminectomy at L4-5 was granted, effective from April 21, 1997.

The Board denied the veteran's claims for service connection for low back and cervical spine disabilities, finding that there was no evidence of a chronic disability in service or continuity of symptomatology post-service. The claim for low back disability is not well grounded due to lack of medical opinion linking current disability to service, while the claim for cervical spine disability lacks any post-service diagnosis.

The Board has granted a higher rating of 40 percent for the veteran's service-connected lumbosacral strain, effective from August 3, 1998. The 10 percent rating for degenerative arthritic changes of the lumbar spine remains unchanged.

The veteran's service-connected disabilities, which include impingement syndrome and calcific tendonitis of the right shoulder, degenerative joint disease of the lumbar spine, degenerative joint disease of the right ankle, and traumatic arthritis of the left index and ring fingers, effectively preclude him from securing or following a substantially gainful occupation. As such, he is granted a total disability rating based on individual unemployability (TDIU).

The Board found that the appellant's malunited right malleolus fracture preexisted service and was not aggravated by service. The claim for low back disorder is not well-grounded.