Back / lumbar spine decisions — 2000

The Board has increased the veteran's rating for his low back disability to 40 percent, effective December 1998. The case is also remanded for further development regarding an earlier effective date.

The Board denied the veteran's claims for service connection for a left knee disorder and an evaluation in excess of 10 percent for cervical spine disorder due to his failure to perfect appeal.

The Board has found new and material evidence to reopen the veteran's claim of service connection for a back disorder, which was previously denied. The evidence submitted includes VA outpatient treatment records showing chronic low back pain since the veteran's in-service motor vehicle accident.

The Board has determined that the veteran's low back disability does not warrant a rating in excess of 20 percent.

The Board has granted an effective date of May 14, 1987 for the grant of service connection for lumbosacral strain. The claim for specially adapted automobile or to automobile adaptive equipment is denied due to the veteran's failure to report for a scheduled examination.

The veteran's claims for a higher rating and total disability due to service-connected low back disability are granted. The veteran is rated at 60 percent for his service-connected lumbar condition, effective February 23, 1994.

The veteran's appeal for an increased evaluation of his service-connected low back strain was dismissed as he expressed satisfaction with the current rating.

The Board has granted service connection for low back strain as secondary to a right knee disability, but denied the claim for pelvic tilt as secondary to a right knee disability.

The Board denied the veteran's claims for service connection due to a lack of medical evidence showing a current disability and no in-service injury or condition that could be linked to his claimed conditions.

The veteran's claims for service connection for various conditions, including bilateral shin splints, a low back disability, a left leg disability as secondary to a low back disability, eczema (skin disorder), a right wrist disability, bilateral hearing loss, and tinnitus were denied. The Board found that the veteran did not submit competent evidence to show plausible claims for these conditions.

The veteran's appeal has been withdrawn by the appellant before a decision was made.

The Board has reopened the appellant's claims for service connection for a back disorder, nervous condition, and skin disorder due to new evidence submitted since the last denial. However, these claims are not well-grounded as they do not demonstrate that the claimed conditions were incurred in or aggravated during service.

The Board denied the veteran's claim for service connection for a low back disability due to lack of evidence linking any current condition to her active duty service.

The Board has ordered additional VA medical records to be obtained as they may contain relevant information about the veteran's low back disorder. The case will be remanded for this purpose.

The Board denied the veteran's claims for service connection for sinusitis and for increased initial evaluations of his low back, left thumb, left knee, and right knee disabilities. The veteran's low back disability is currently rated at 20 percent.

The Board has determined that the veteran's low back strain does not warrant an evaluation in excess of 20 percent, and his frostbite condition is currently evaluated as noncompensable.

The Board has reopened the veteran's claims of entitlement to service connection for osteoarthritis of the left knee, elbow, and degenerative disc disease of the lumbar spine with left leg radiculopathy. However, the evidence does not establish a nexus between these conditions and active service.

The Board has remanded the case for additional development and evaluation of the veteran's service-connected disabilities, including his right ulnar nerve injury and scars. The claims of whether new and material evidence has been submitted to reopen various claims have also been addressed.

The veteran's nonservice-connected disabilities, including chronic lumbosacral strain and chronic bronchitis with pneumonia, do not meet the criteria for a permanent and total disability rating for pension purposes.

The Board has denied the veteran's claim for service connection for residuals of a back injury, finding that there is no competent medical evidence linking his current degenerative disc disease to an in-service lumbar strain.