Back / lumbar spine decisions — 2000

The veteran's claims for increased evaluations of his service-connected foot disabilities and anxiety reaction with headaches have been denied. The Board found that the evidence did not meet the criteria for higher ratings under the applicable rating criteria.

The Board has determined that the veteran's current low back disability is due to an injury sustained during service, and thus grants service connection for degenerative changes of the lumbar spine.

The Board denied the appellant's claims for increased evaluations for mechanical low back pain, history of cervical strain, and hypertension with mitral valve prolapse as there was no evidence showing more than slight limitation of motion or severe limitation of motion. The current disability ratings were found to be appropriate.

The Board found that the veteran's low back disorder was not incurred in or aggravated by active service.

The Board found no medical evidence linking the veteran's degenerative disc disease of the lumbar spine to his service-connected right ankle disability, and thus denied the claim.

The veteran's claim for an increased rating for his service-connected degenerative joint disease, L4-5 and L5-S1, with degenerative spondylosis of the lumbar spine is being remanded due to the need for additional development including obtaining medical records and addressing whether extra-schedular or separate ratings are warranted.

The Board found no evidence that the appellant's current conditions were caused by VA treatment between 1986 and 1991, thus denying his claims under 38 U.S.C.A. § 1151.

The Board found that there was no evidence of clear and unmistakable error in the January 1975 and June 1981 rating decisions that continued a 10 percent disability evaluation for lumbosacral strain.

The Board has determined that service connection is not well-grounded for headaches, bilateral ankle fractures, bilateral knee disability, and bilateral hip disability. The claim of a lumbar spine disability is granted as the veteran's current back strain with normal X-rays is considered to be related to his inservice lifting injury.

The Board has determined that the veteran's service-connected lumbar strain does not warrant a compensable rating due to no more than slight subjective symptoms and no limitation of motion.

The Board found that new and material evidence has been received to reopen the claim of service connection for back disability, and thus the claim is well grounded. The underlying merits of the claim are remanded for further development.

The veteran's claim for an increased rating of his service-connected low back strain was granted, but he is not entitled to special monthly compensation based on the need for regular aid and attendance or by reason of being housebound due to disability.

The Board denied service connection for a low back disorder and reopened the claim of peripheral neuropathy involving the legs, bowels, hands, and left arm due to Agent Orange exposure. The veteran's current symptoms do not appear related to his military service.

The Board has granted service connection for costochondritis but denied an increased rating for degenerative changes of the lumbar spine. The veteran's claim is considered well-grounded for costochondritis, and her claim for a higher rating for her back disability remains pending.

The Board denied service connection for bilateral hip disorder and low back disorder claimed as secondary to the veteran's right knee disorder. However, it granted service connection for a low back disorder and left unresolved the issue of an increased rating for the right knee disorder.

The veteran's service-connected cervical and lumbosacral spine fibromyalgia did not render her unemployable prior to August 30, 1994.

The Board has denied the veteran's claims for service connection for a low back disorder, an increased evaluation for seizure disorder, and an increased (compensable) evaluation for flat feet. The evidence does not support granting any of these claims.

The Board has determined that new and material evidence has not been submitted to reopen the claims of service connection for cerebrospinal meningitis and chronic back disability. The claim is therefore denied.

The Board has denied the veteran's claims for service connection for hearing loss, bilateral hand pain, and shortness of breath (claimed as due to asbestos exposure). The claim for a low back disorder is pending. No new evidence was presented to reopen the previously denied claims for a bilateral knee disorder or right ankle disorder.

The Board denied the veteran's claims for service connection for Hepatitis C, low back disorder, and respiratory disorder. The appeals regarding these issues were not reopened due to lack of new and material evidence.