Back / lumbar spine decisions — 2000

The Board has determined that the veteran's low back condition is related to his service and granted service connection for this disability.

The Board has determined that the veteran's claims for service connection for a back disability, urinary tract infection, and sore throat are not well-grounded. The medical evidence does not support current diagnoses of these conditions.

The Board has determined that a rating of 20 percent for service-connected mid and low back strain prior to August 1, 1996 is warranted. A separate rating was not granted as the evidence did not demonstrate more than mild actual or functional loss of range of motion of the dorsal spine.

The Board has determined that the veteran's claim for service connection for an acquired psychiatric disability, claimed as schizophrenia, is well grounded. However, there is insufficient evidence to establish a nexus between her current back disability and treatment during active service.

The Board has dismissed the appeal due to the appellant's withdrawal of the appeal prior to a decision being made.

The Board has reopened the veteran's claim for service connection of a low back disability and finds it well-grounded. The evidence submitted since the last final denial is new and material, relating current low back disability to service.

The veteran's appeal is being remanded for further development, including a VA examination to assess the severity of his service-connected hip and spine disabilities. The RO will consider all applicable rating criteria during adjudication.

The veteran's low back disorder with lumbar disc disease and traumatic arthritis is rated at 40 percent, effective from December 3, 1997. The head injury residuals are rated at 10 percent.

The Board denied the veteran's claim for service connection for a back disorder, finding no new and material evidence to reopen the claim.

The Board has granted service connection for the veteran's low back disorder and right shoulder disorder, finding that these conditions were incurred during his active military service.

The veteran's service-connected degenerative disc disease of the lumbosacral spine is rated at 40 percent, which is the maximum schedular rating available under Diagnostic Code 5293.

The veteran's low back disability is rated at 20 percent for the period from May 18, 1995 to December 31, 1997 and at 40 percent for the period from January 1, 1998 forward. His major depression is rated at 100 percent.

The Board has determined that the veteran's claims for service connection for a low back disability and bilateral hearing loss are not well-grounded. The claim for a low back disability is denied, while the claim for bilateral hearing loss is granted.

The Board has denied the veteran's claims for secondary service connection for back and hip disorders, as well as his claim for an increased evaluation for residuals of a right foot injury. The evidence does not support a finding that these conditions are related to his service-connected right foot disability.

The Board found that the veteran's service-connected chronic low back syndrome does not warrant an increased rating above 20 percent due to his current symptomatology, which includes intermittent low back pain and decreased sensation in the right L5 distribution. The evidence did not support a higher rating under Diagnostic Code 5293 for intervertebral disc syndrome.

The VA denied the veteran's claim for a compensable evaluation for his service-connected lumbosacral strain, finding that the disability did not meet the criteria for any higher rating.

The Board has determined that there is no service connection for the claimed residuals of a fall, including left knee, left hip, right shoulder conditions, compression fracture of T-12, and arthritis of the lumbosacral spine. The veteran's conditions are not related to an incident of service or to a service-connected disability.

The Board has determined that new and material evidence to reopen the veteran's claims for service connection for cervical spine and right hip disabilities was received. The claim is granted as well-grounded.

The veteran's claims for increased ratings and a compensable rating for his service-connected right little finger fracture, as well as an evaluation in excess of 10 percent for his lower back disorder, were denied. The RO found that the current evaluations under the applicable diagnostic codes are appropriate.

The Board granted service connection for lumbar discogenic disease and denied service connection for cervical spine disability. Service connection was not established for bronchial asthma due to lack of evidence linking the condition to service.