Back / lumbar spine decisions — 2000

The Board has granted a 30 percent evaluation for degenerative joint disease of the cervical spine and a 40 percent evaluation for degenerative disc disease of the lumbar spine, both based on their direct service connection.

The veteran's PTSD resulted in symptoms bordering on gross repudiation of reality with disturbed thought or behavioral processes associated with almost all daily activities such as fantasy and confusion, resulting in a demonstrable inability to obtain or retain employment. The veteran's degenerative arthritis of the lumbosacral spine is manifested by no more than moderate limitation of motion.

The Board denied reopening the claim for service connection for low back disorder due to lack of new and material evidence, despite some post-service medical records indicating current back problems.

The Board has denied the veteran's claims for service connection for bilateral hearing loss, a back disorder, and varicose veins as they are not well grounded.

The Board has reopened the claim for service connection for a back disorder with degenerative disc disease, but determined that it is not well grounded and denied the claim.

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

The Board has granted service connection for prostate cancer due to exposure to Agent Orange, and the claim for a back condition is allowed as new and material evidence was presented.

The Board has determined that the veteran's claims for service connection for a left shoulder disorder and a low back disorder are not well grounded. The evidence does not support current diagnoses of these conditions as being related to the in-service accident.

The veteran's claim for an increased rating for his low back disability is being remanded due to the need for further examination and development of medical records.

The Board has granted a waiver of recovery of an overpayment of VA compensation benefits in the amount of $670.00, finding that recovery would be against equity and good conscience.

The Board found that the veteran's claim for service connection for degenerative disc disease of the lumbar spine, as secondary to his service-connected lumbosacral strain, is not well-grounded and denied it.

The Board has remanded the case for further development, including scheduling a VA examination and evaluating the veteran's service-connected lumbar spine disability in accordance with DeLuca v. Brown (1995). The issue of primary service connection for thoracic spine disability is also being addressed.

The Board denied increased evaluations for the veteran's low back and right knee disabilities, as well as a claim for a total compensation rating based on individual unemployability.

The Board found that the claims for service connection were not well grounded due to lack of credible evidence supporting the veteran's assertions.

The veteran's original claim for service connection was received on May 16, 1996. The RO granted the effective date of July 18, 1996, for his service-connected disabilities and later granted an earlier effective date of May 16, 1996.

The veteran's increased disability rating claim for patellofemoral instability of the left knee was denied. Service connection claims for right and left ankle disabilities, as well as cervical and lumbar spine disabilities, were also denied. The claim to reopen a right shoulder disability was not granted.

The Board has reopened the veteran's claims of service connection for hypertension, low back disability, and psychiatric disability due to new evidence submitted since the August 1994 denial. However, the claims are not well grounded as there is no competent medical evidence linking these conditions to military service.

The veteran's service-connected low back disability is rated at 40% and has been increased to 60% based on the severity of symptoms, including pain radiating into the buttocks and legs.

The Board has remanded the case for further action, including a new rating decision and compliance with the Court's decision. The claims will be adjudicated on their merits.

The Board has determined that the veteran's claims for service connection for a central nervous system disorder, low back disorder (including spina bifida occulta), bilateral foot disorder (including pes planus), and genitourinary disorder (including hydronephrosis and/or pyelonephritis) are not well grounded. The RO denied these claims in January 1955, which is considered final.