Back / lumbar spine decisions — 2000

The veteran's claim for higher initial and staged ratings for chronic low back pain with grade I spondylolisthesis, L5-S1, and bilateral spondylolysis, L5 is being remanded to the RO for a Travel Board hearing.

The veteran's appeal for an increased evaluation for his chronic back disorder was denied, and the claim for service connection of his organic brain disorder as secondary to his service-connected discogenic disease of the lumbar spine was also denied.

The veteran's hiatal hernia with esophagitis and duodenitis was granted a 60 percent rating effective from the date following discharge. The lumbosacral strain with L4 spondylosis received a 20 percent rating, also effective from the date following discharge. The hypertension (HTN) was granted an increased rating to 30 percent.

The Board has determined that new and material evidence has not been submitted for either claim, but as both issues are related to direct service connection, the decision is mixed - some aspects may be granted while others remain denied.

The Board has determined that further development of the evidence is essential for a proper appellate decision and therefore, remands the matter to the RO for the following actions.

The Board has determined that the veteran's claim for secondary service connection for a low back disorder is not well grounded, and his claim for increased rating for bilateral hearing loss is also not well grounded. The claims are therefore denied.

The Board has determined that new and material evidence has been received to reopen the claim for service connection for a back disorder, characterized as ankylosing spondylitis. The claim is also considered well grounded.

The veteran's appeal is being remanded for additional development, including new psychiatric and orthopedic examinations to assess the severity of his service-connected PTSD and low back disability. The RO will also review the claims folder to ensure all necessary evidence has been obtained.

The veteran's claims for evaluations of his lumbar spine, tinnitus, and bilateral hearing loss disabilities were denied. Service connection was granted for lumbosacral strain, tinnitus, and bilateral hearing loss. The veteran's claims for buckling and weakness of the legs and chest pains are pending.

The Board has determined that there is no competent medical evidence of a current disability related to the veteran's service, and thus the claims for chronic low back, neck, and shoulder disabilities are denied.

The Board denied the veteran's claim for service connection for a lumbar spine disability, finding that there was no competent medical evidence linking his current condition to his military service.

The Board has determined that the appellant's service connection claim for residuals of a low back injury, including lumbosacral strain, is granted as his current complaints of low back pain are linked to an inservice injury and diagnosis.

The Board denied the veteran's claims of entitlement to service connection for a low back disorder and a bilateral knee disorder, finding that there was no current disability related to service.

The Board found no evidence of chronic back or psychiatric disorders during service, and the current conditions are not related to any in-service injuries. The claim for service connection is denied.

The Board found that the veteran's current left ankle complaints are not related to his service, and thus denied his claim for service connection.

The Board has determined that the veteran's cervical spinal stenosis with degenerative disc disease is a result of disease or injury incurred during active military service.

The Board found that the veteran's disabilities of left and right radial nerves do not warrant a higher evaluation under Diagnostic Code 8514.,The Board also found that the veteran's low back disability does not more nearly approximate severe than mild, and her bronchial asthma is not shown to have increased in severity since the November 1997 VA examination.

The Board denied the veteran's application to reopen his claim of service connection for a low back disorder, finding that no new and material evidence had been submitted.

The veteran's appeal has been dismissed due to his death.

The Board found that the claims of service connection for bilateral elbow and knee, and low back disorders due to an undiagnosed illness or on a basis other than an undiagnosed illness are not well grounded. The claim for increased evaluation for residuals of nasal fracture with status post rhinoplasty is denied.