Back / lumbar spine decisions — 2000

The Board denied an earlier effective date for a 40 percent evaluation for lumbosacral strain, finding that it was not factually ascertainable before December 7, 1998, that the veteran's back disorder had increased in severity to meet the criteria for such a rating.

The case is being remanded for further development, including obtaining employment records and scheduling a VA examination. The veteran's service-connected disabilities are right shoulder disability and lumbar strain with degenerative disc disease.

The Board finds that the veteran's claims for service connection for bilateral knee disability, bilateral ankle disability, low back disability and left wrist disability are not well grounded. The claim for an increased rating for post-traumatic tendonitis of the right shoulder is well grounded.

The Board denied the veteran's claim for an initial rating higher than 20 percent for his service-connected degenerative disc disease, lumbar spine.

The Board has granted increased ratings for the veteran's service-connected back and leg conditions, but denied a TDIU due to lack of evidence showing that his disabilities render him unemployable.

The Board has dismissed the appeal regarding service connection for a cervical spine disability due to lack of timely substantive appeal. The veteran's facial blemish and low back disability claims have been denied as there is no competent evidence of current disability or that any pre-existing conditions were aggravated by military service.

The veteran's low back disability was increased to a 20 percent rating effective May 17, 1999.

The Board finds that the appellant's disabilities do not render him housebound or in need of regular aid and attendance, thus denying his claims for special monthly pension by reason of being in need of regular aid and attendance of another person or on account of being housebound.

The veteran's death was not service-connected, and the claim for DIC under 38 U.S.C.A. § 1318 is denied.

The Board found that the veteran's claim for service connection for a stomach disorder was not well-grounded and denied it. The claims for increased evaluations of lumbar strain, left greater trochanteric bursitis, and iliotibial band syndrome of the left knee were also denied.

The veteran's claims for service connection for a back condition and an earlier effective date for the grant of service connection for major depression were both denied. The Board found that there was no evidence linking the current back condition to service, and that the earliest effective date for the grant of service connection for major depression would be January 3, 1997.

The Board has granted service connection for a back disorder, finding that the appellant's current back disability is not related to his military service.

The Board has determined that the veteran's low back condition is service-connected, as it can be linked to his motor vehicle accident during active duty.

The Board found that the veteran's claim for service connection for a low back disability was not well-grounded due to lack of current evidence of a chronic disability.

The Board has determined that the veteran's degenerative arthritis of the lumbar spine with facet joint arthropathy was incurred in active service, and granted his claim for service connection.

The Board granted a 10 percent evaluation for the residuals of a fracture to the coccyx effective April 13, 2000. The veteran's claim for an earlier effective date for this disability was also granted.

The Board denied the appellant's claims for service connection for bilateral hearing loss, a skin condition claimed as a residual of exposure to Agent Orange, and chronic lumbosacral strain. The claim for PTSD was granted with an evaluation in excess of 30 percent.

The Board has reopened the veteran's claims for service connection for low back disorder, bipolar disorder, and right carpal tunnel syndrome. However, none of these claims are well grounded.

The Board denied the veteran's claims for service connection for a back condition and an ear condition, as well as his request for an increased rating for residuals of a fracture of the distal third right radius. The claim for service connection for an ear condition was reopened due to new evidence submitted since the March 1972 decision, but it is not considered well-grounded.

The Board has remanded the veteran's service connection claim for a low back disability due to conflicting medical opinions. The increased rating claim for intermittent anterior lower leg pain is well-grounded, but does not meet the criteria for a compensable rating.