Back / lumbar spine decisions — 2000

The Board denied the appellant's claims for service connection for the cause of her husband's death, as well as her claim under 38 U.S.C.A. § 1151 and Chapter 35 benefits due to lack of evidence supporting a causal link between the veteran's conditions and his death.

The veteran's claims for service connection and increased evaluation have been granted. Service connection has been established for a low back disorder and multiple joints disorder, both presumed to be due to undiagnosed illnesses. The right shoulder sprain with degenerative joint disease is rated as 10 percent disabling.

The Board found that the appellant's claim for service connection for a low back disorder was not well-grounded and denied it.

The Board has remanded the case due to incomplete medical records and issues related to service connection for sacroiliitis. The veteran's claim for an increased rating for her chronic low back strain is also on appeal.

The Board has determined that the veteran's claims for service connection for lumbar spine disability, cervical spine disability, hypertension, and sinus disorder are not well-grounded. The veteran's hallux valgus deformity of the right foot is currently rated as 10 percent disabling under Diagnostic Code 5280, and her residuals of a tonsillectomy do not meet the criteria for a compensable rating.

The Board denied the veteran's claims for an increased evaluation for his service-connected low back disorder and a total rating based on individual unemployability due to service-connected disability, finding that the current disability does not warrant a higher evaluation or meet the criteria for a total rating.

The veteran's claims for increased ratings for his service-connected right shoulder and low back pain are being remanded to the RO for further action, including scheduling a hearing before a traveling Member of the Board.

The Board denied the veteran's request for an increased evaluation of 40 percent for his chronic right sacroiliac strain. The issue regarding secondary service connection for degenerative disc/joint disease and/or any other spinal disability is not explicitly addressed in this decision.

The Board has determined that new and material evidence was submitted to reopen the claim of entitlement to service connection for a back disorder, and on de novo review, it is well-grounded.

The Board has determined that the veteran's service-connected migraine headaches are well-grounded and meet the criteria for a 30% evaluation. The claims for fibromyalgia and residuals of a neck injury (including DDD of the cervical spine) have been granted.

The VA has denied increased evaluations for the veteran's left knee disability, right knee disability, and lumbar strain.

The Board found no current residual disability associated with the service connected low back strain and denied an increased rating.

The Board has determined that the veteran's claims of entitlement to service connection for a back disorder and a skin disorder are well-grounded. The claim for a back disorder is granted, while the claim for a skin disorder remains pending.

The Board has determined that the claim for service connection for a back disorder is not well grounded because there is no competent medical evidence linking the current condition to an incident of service.

The Board has determined that the veteran's chronic low back strain warrants a 40 percent disability rating, which is the maximum schedular evaluation under Diagnostic Code 5295 for lumbosacral strain with severe limitation of motion.

The Board found that the submitted evidence was not new and material, thus denying the reopening of the claim for service connection for a low back disorder.

The veteran's claims for service connection and increased evaluations are being remanded due to the need for additional medical records, examinations, and consideration of secondary service connection.

The veteran's claim of entitlement to a compensable evaluation for a keloid scar at the sternal plate is denied due to failure to report for scheduled VA examinations. The issue of service connection for a back disability remains pending and may be reopened based on new evidence.

The Board is considering whether new and material evidence has been submitted to reopen the veteran's claim for service connection for back disability. The case was remanded by the Board in March 1997, but the RO reopened the claim based on Hodge v. West (155 F.3d 1356). The RO denied the reopened claim.

The veteran's acquired psychiatric disability, COPD, neck injury residuals, lumbar strain, chronic non-specific dermatitis, and scars from cervical traction have been granted. The effective date for the COPD rating increase is April 30, 1998.