Back / lumbar spine decisions — 2000

The Board finds that the veteran's degenerative joint disease of the lumbar spine with spinal canal stenosis at L4-5 and radicular pain of both legs is due to an in-service automobile accident, thus granting service connection for these conditions.

The Board has denied the veteran's claims of service connection for chronic low back disability and tinnitus as they are not well-grounded.

The veteran's claim for an increased rating for his service-connected low back disorder is being remanded due to the need for further examination and development of evidence.

The veteran's claims for increased ratings for lumbosacral strain and duodenal ulcer, with irritable colon, were denied as the current evaluations are considered appropriate based on the severity of his symptoms.

The Board finds that the veteran's disability is most appropriately evaluated as lumbosacral strain under Code 5295, and no higher rating can be granted based on the evidence provided.

The Board has denied the veteran's claim of service connection for a low back disorder and arthritis, finding no competent evidence relating these conditions to his period of active service.

The veteran's PTSD is rated at 50% since February 17, 2000. The Board found that the evidence does not support a higher rating for this period. Service connection for back and bilateral knee disabilities was granted.

The Board has dismissed the veteran's claims of service connection for a low back disability and an initial compensable rating for post-operative residuals of a left inguinal hernia due to his failure to respond to VA requests for information and evidence.

The Board found no evidence of service connection for the claimed conditions, including back disorder, hypertension, kidney disorder, and urinary disorder. The appellant's claims were denied as there was insufficient medical evidence to support a finding that these conditions were incurred or aggravated by military service.

The Board has determined that the veteran's service-connected conditions do not warrant a higher evaluation at any time since August 1, 1996.

The Board found that the veteran's service-connected ankle disabilities did not cause or aggravate his right knee, left knee, back, bilateral carpal tunnel syndrome, left shoulder, and psychiatric disorders.

The veteran's claim for a permanent and total disability rating for nonservice-connected pension purposes, including extraschedular entitlement under 38 C.F.R. § 3.321(b)(2), was denied due to failure to report for scheduled VA examinations.

The Board has denied the veteran's claims for increased ratings for his service-connected right ankle and low back disabilities, finding that the evidence does not support a higher rating under the applicable VA rating criteria.

The Board has determined that the veteran is entitled to a 20 percent disability rating for low back strain from October 2, 1995, to May 6, 1997. Effective May 6, 1997, the criteria for a higher rating have not been met.

The veteran's low back disability was initially rated at 10 percent prior to August 6, 1998 and increased to 60 percent effective August 6, 1998.

The Board denied the veteran's claims for service connection for a back disability and heart disorder, as well as his request for an effective date earlier than January 28, 1997. The issue of entitlement to service connection for a knee disorder is still pending.

The Board denied the veteran's claims for service connection for various conditions, finding that new and material evidence was not submitted to reopen the claims for flat feet and a GI disorder. The claims for bilateral knee condition, low back disorder, sinusitis, and diabetes mellitus were also denied as not well grounded.

The Board found that the claim for service connection for residuals of a low back injury is not well grounded and denied it. The evidence did not support a finding of in-service injury or chronic disability.

The Board has determined that the veteran's claim for service connection of a back disorder as secondary to her service-connected right knee disability is well-grounded. The RO will schedule an examination and obtain any necessary medical records before reviewing the claims again.

The Board denied the veteran's claim for an increased evaluation in excess of 40 percent for his service-connected low back strain with degenerative spondylosis, degenerative disc disease and bilateral sclerosis.