Back / lumbar spine decisions — 2000

The Board has denied the veteran's claim of entitlement to service connection for a low back disorder due to lack of evidence showing a link between his military service and any current condition. The case is remanded for further development.

The Board has determined that the claim for service connection for lumbosacral radiculopathy is not well-grounded because there is no competent evidence showing a current disability due to disease or injury incurred in or aggravated by service.

The VA determined that the veteran's low back disability, characterized as low back strain with associated radiculopathy, does not meet or approximate the criteria for a higher evaluation beyond the current 20 percent rating.

The Board has denied the veteran's claim for service connection for degenerative disc disease and arthritis of the lumbar, thoracic, and cervical spines as his claim is not well grounded.

The veteran's service-connected incisional / ventral hernias, status-post hernia repair is rated as noncompensable. The claim for compensation under 38 U.S.C.A. § 1151 for collapsed lung with chronic obstructive lung disease, status post pneumonitis, degenerative disc disease and a pinched nerve of the cervical spine and hypertension due to treatment at a VA facility is denied as not well grounded.

The veteran's appeal is being remanded due to his failure to appear for a scheduled Travel Board hearing. The case will be rescheduled for a personal hearing before the Board of Veterans' Appeals.

The veteran's claim for an increased rating for his service-connected lumbosacral strain is being remanded due to the submission of new evidence and the need for further examination.

The Board denied the veteran's claims for service connection for a bilateral shoulder disorder, and denied his requests for increased ratings for low back and right hip disabilities. The veteran's combined disability rating is currently at 60 percent.

The veteran's lumbar spine disc disease was initially rated at 10 percent from September 1, 1994, to August 23, 1995. From August 24, 1995, the disability was rated at 20 percent.

The veteran's claim for non-service-connected disability pension benefits was granted effective February 7, 1994. The RO denied his claims for right knee and back disabilities as not service connected.

The Board has determined that the veteran's claims for service connection are not well grounded for several of his conditions, including headaches, right shoulder disability, low back pain, bilateral knee disability, impotency, and shortness of breath. The claim for PTSD is considered well-grounded.

The Board has reopened the veteran's claim for service connection of a low back disorder and determined that it is well grounded. The evidence shows that the veteran had spondylolisthesis in service, which was aggravated by service. Therefore, the Board granted service connection for the low back disorder.

The veteran's service-connected disabilities, including coronary artery disease and post-traumatic stress disorder, result in a combined rating of 60 percent. The Board has determined that the veteran is unable to secure or follow a substantially gainful occupation due to his service-connected disabilities.

The Board has determined that the veteran's claims for service connection for low back disorder and cervical spine disorder are not well-grounded, as there is no medical evidence linking these conditions to his military service.

The Board determined that the veteran's service-connected chronic low back pain and strain does not warrant an evaluation in excess of 20 percent, as his symptoms do not meet or approximate the criteria for a higher rating under any applicable diagnostic code.

The Board has found that new and material evidence has been submitted to reopen the claim of entitlement to service connection for a low back disability, but has denied the claim as there is no competent medical evidence linking the current condition to service.

The Board has determined that the veteran's claim for service connection of a psychiatric disability as secondary to his service-connected disabilities is not well-grounded. The claims for increased ratings and evaluations for the right knee and low back disability are remanded due to insufficient medical evidence addressing functional limitations.

The Board denied the veteran's request to reopen his claim for service connection of a back condition, finding that new and material evidence had not been submitted.

The veteran's claim for special monthly pension based on need for regular aid and attendance or being housebound was denied due to his current disability rating of 100% for schizophrenia, which does not meet the criteria for additional disabilities independently ratable at 60%, nor is he substantially confined to his home.

The Board has determined that the veteran's service-connected lumbosacral strain warrants a disability rating of 40 percent, reflecting the severity of his symptoms and functional impairment.