Back / lumbar spine decisions — 2000

The RO denied the veteran's claim for an increased rating for lumbar spine disk disease and granted a 10 percent evaluation for bursitis of the left hip. The service connection claim for arthritis of the cervical spine, claimed as secondary to right knee disability, was found not well grounded.

The Board found that the veteran's claims for service connection for mechanical low back pain and degenerative joint disease of the left knee were not well-grounded, as there was no competent evidence linking these conditions to his period of active military service or a service-connected disability.

The veteran's low back injury is rated at 20 percent since July 7, 1995 and remains at that level as of May 26, 1999.

The Board found no evidence of a current disability related to the veteran's claimed upper and lower back conditions or skin condition, and thus denied service connection for these claims. The claim for soft-tissue sarcoma was also denied as there is no medical evidence of such a condition.

The veteran's claims for increased evaluations and earlier effective dates were denied. The RO continued the maximum schedular evaluation for bilateral pes planus with shortening of the left lower extremity, but did not grant an increase in rating for lumbosacral strain or vitiligo dermatitis.

The Board denied an increased evaluation for the veteran's service-connected post-operative residuals of herniated lumbar disc disease with spondylolisthesis, currently rated at 40 percent.

The Board has determined that the veteran's claims for service connection for residuals of a lumbar puncture and bilateral pes planus are not well-grounded. The current residuals of a lumbar puncture have not been demonstrated or diagnosed, and there is no evidence linking the veteran's current bilateral pes planus to military service.

The veteran's claims for service connection for arthritis of the lumbosacral spine and bilateral foot disability are not well grounded.

The Board denied the veteran's claims for increased evaluations for her left knee, right and left foot disabilities. The service connection for these conditions was established but not reopened or granted new evidence.

The Board denied the veteran's claims to reopen his service connection claims for right shoulder, back, and bilateral knee disabilities due to lack of new and material evidence.

The Board found that the July 1995 rating decision granting service connection for degenerative disc disease and arthritis of the left shoulder was not clearly and unmistakably erroneous, thus upholding the grant of service connection.

The Board denied the veteran's claims for service connection for lumbar radiculopathy L4-L5 with degenerative joint disease and a right hip condition, both secondary to his service-connected right knee condition. The decision found that there was no competent medical evidence linking these conditions to his service-connected right knee condition.

The Board has restored the veteran's 20 percent rating for her mechanical low back pain and lumbosacral strain, finding that actual improvement in her disability under ordinary conditions of life and work was not demonstrated based on a May 1997 VA examination.

The veteran's service-connected disabilities, including PTSD, gunshot wound to muscle group XIX, removal of the left kidney, lumbosacral strain with arthritis and sacroilitis, status post gastric resection, small bowel resection and previous colostomy with dumping syndrome, and a muscle bulge associated with ventral and incisional hernia, preclude him from obtaining and retaining all forms of substantially gainful employment. As such, the veteran is granted a total disability rating based on individual unemployability.

The Board has determined that the veteran's service-connected back disorder warrants a disability rating of 40 percent, effective November 3, 1997.

The Board has determined that new and material evidence has been submitted to reopen the claim of service connection for a lumbosacral strain, claimed as low back pain. The veteran's current back disability is considered, but further development is needed to determine if there is a nexus between his current condition and his period of service or his service-connected disability.

The Board has denied the veteran's claims for service connection for a low back disability, left knee disability, right knee disability, and tinnitus. The claim for left knee disability was reopened based on new evidence showing current disability.

The Board found that the veteran's lumbar myositis does not warrant an evaluation in excess of 10 percent, as there is no evidence of limitation of motion or other disabling symptoms.,For his right shoulder tendonitis, the Board determined a compensable evaluation was not warranted due to normal range of motion and lack of objective findings of pain or disability.,Regarding migraine headaches, the Board concluded that a compensable evaluation was not warranted based on the veteran's testimony and examination results.

The veteran's claim for an increased rating for low back strain is remanded due to the need for additional development, including obtaining VA treatment records and scheduling a VA examination. The claims for service connection for herniated disc disorder and arthritis of the lumbar spine are also pending.

The Board has determined that the veteran's claims of service connection for low back disorder, gastroesophageal reflux disease, bilateral elbow disorder, and recurrent urinary tract infection are not well-grounded. The claim for a compensable evaluation for hemorrhoids is denied as there is no current diagnosis or link to service.