Back / lumbar spine decisions — 2000

The Board found that new and material evidence had been submitted to reopen the veteran's claim of service connection for a back disorder, and thus allowed the reopening of the claim. The case was remanded for further development including obtaining additional medical records.

The Board found that the veteran's claim for service connection of a low back disorder, claimed as secondary to service-connected disabilities of the lower extremities, is not well grounded. The claims for increased ratings for residuals of shrapnel wounds to the right thigh and left leg were also denied.

The Board has granted a higher rating of 60 percent for the veteran's chronic low back pain with lumbosacral radiculopathy since January 1997, as it is productive of pronounced intervertebral disc syndrome.

The Board has granted a 40 percent evaluation for the veteran's degenerative disc disease of the lumbosacral spine with herniated nucleus pulposus at L4-5, effective from April 1997.

The Board dismissed the appeal regarding service connection for a cervical spine disability due to lack of timely appeal. The claim for an increased evaluation for low back strain was denied as the current rating adequately compensates for the veteran's functional impairment.

The veteran's claims for service connection are being remanded to obtain additional medical records and determine if the conditions he is claiming are related to his military service.

The veteran's service-connected amputated left leg disability is considered to have caused his lumbar intervertebral disc syndrome. His cervical spondylosis and pes planus with plantar fasciitis are rated as 20 percent disabling.

The Board has determined that the veteran's claims for service connection for low back and right hip and leg disabilities need further development, including obtaining all available service medical records.

The Board has granted service connection for scoliosis of the thoracic spine as secondary to a service-connected low back disability, and arthritis of the thoracic spine is also considered secondary to the scoliosis. The veteran's upper back disability claim remains pending.

The Board found that the veteran's intervertebral disc disease of the lumbar spine is not well grounded.,New evidence has been submitted to reopen the claim for a cervical spine disorder, but it does not establish service connection.

The Board found that the veteran's current left knee and low back disorders are not related to his service, as there is no evidence of severe injuries in service. The preponderance of the evidence supports a finding that these conditions are due to aging rather than service.

The RO denied an increased evaluation for the veteran's major depression prior to September 7, 1994 and granted a 60 percent disability evaluation for her lumbar laminectomy residuals including spinal stenosis effective as of September 7, 1994.

The Board has determined that the veteran's neck and low back disabilities are service-connected due to aggravation during service, while his bilateral foot disability is also service-connected as it existed prior to service.

The RO has granted an effective date of September 30, 1994 for the grant of service connection for PTSD. The appellant's claims regarding initial ratings for his PTSD are pending and will be addressed in a future decision.

The Board found no medical evidence linking the veteran's current back disorder to his military service, and thus denied his claim for service connection.

The veteran's cervical spine disability is rated at 60 percent, effective from May 7, 1996. The veteran's major depressive disorder is rated at 30 percent, also effective from May 7, 1996.

The veteran's increased hearing loss rating was granted with an effective date of May 5, 1993. His claims for service connection for left ankle and hip conditions were not supported by the evidence presented. Service connection for his back condition was established.

The veteran's claim for an increased evaluation of his service-connected chronic lumbosacral strain is being remanded due to the need for additional examinations and records review.

The Board has determined that the veteran's L3 fracture residuals, which include degenerative disc disease and arthritis, warrant a 50 percent evaluation.

The VA denied increased ratings for post-concussion cerebellar dysfunction, post-concussion occipital headaches and dizziness, and traumatic arthritis of the lumbar spine. The disabilities are rated based on their current manifestations.