Back / lumbar spine decisions — 2000

The Board finds that the veteran's service-connected chronic low back strain does not warrant a higher evaluation than the current 10 percent rating.

The Board has granted service connection for the veteran's degenerative disc disease of the lumbar spine due to aggravation by his service-connected foot disabilities, and assigned a disability rating of 20%.

The Board has determined that the veteran's current low back, bilateral knee, and right hip disabilities are related to his active service. The psychiatric disorder is also found to be linked to his service. No new evidence was presented for the claim of severe tooth and gum trouble.

The Board denied an increased evaluation for the veteran's service-connected lumbar spine condition and PTSD, finding that his conditions did not warrant a rating higher than 20 percent.

The Board denied the veteran's claims for higher initial disability evaluations for his service-connected deviated nasal septum, degenerative disc disease of the lumbosacral spine, and degenerative osteoarthritis of the right hip. The maximum schedular ratings were already assigned.

The Board found that the veteran's claims for service connection for a back disorder and tinea pedis are not well grounded, as there is no medical evidence linking these conditions to his military service.

The VA denied increased evaluations for the veteran's ASHD and HNP, maintaining current disability ratings of 30 percent and 40 percent respectively.

The Board has determined that the veteran's scoliosis was not aggravated by service and therefore denied his claim for service connection for a back disorder.

The veteran's claim for an increased rating for his service-connected low back strain with weakness in the left thigh is being remanded due to incomplete development of evidence. The VA needs to conduct a new examination and address specific concerns regarding functional loss, pain, and other symptoms.

The Board has granted a 20 percent evaluation for the veteran's right ankle fracture with osteoarthritis prior to January 30, 1996 and denied any increase in rating. The low back disorder is rated at 10 percent.

The Board found that the veteran does not have any of the claimed conditions as a result of his service, to include on a presumptive basis, or on the basis of aggravation.

The VA determined that the appellant's low back disability is currently rated at 20 percent, but did not grant an increased evaluation.

The Board has determined that the veteran's service-connected low back disability, which includes degenerative disc disease and degenerative joint disease of the lumbosacral spine with muscle spasms, does not warrant a rating in excess of 40 percent.

The Board has granted a special monthly pension based on the need for aid and attendance due to multiple disabilities, including macular degeneration, coronary artery disease, cerebrovascular disease with recurrent transient ischemic attacks, smokers bronchitis, low back syndrome with osteopenia, and mixed psychoneurosis. The appellant's left thigh gunshot wound residuals are currently evaluated at 30 percent.

The Board has denied the reopening of the claim for service connection for a back disorder, particularly the thoracic spine. The evidence submitted does not meet the criteria to be considered new and material.

The veteran's unauthorized private medical expenses incurred in September 1995 for a total knee replacement were denied because the treatment was not an emergency, and VA facilities were feasibly available.

The Board has determined that the veteran's claim for compensation under 38 U.S.C.A. § 1151 is not well grounded because there is no competent medical evidence linking his current back disorder to VA vocational rehabilitation.

The Board found that the veteran's current lumbar and thoracic spine disability was not present during service or for years thereafter, and was not caused by any incident of service.

The Board has granted service connection for chondromalacia patella of the left knee, but denied service connection for depression and a low back disorder secondary to the veteran's right knee disability.

The veteran's appeal is being remanded due to the need for additional medical examinations and records review. The issues of increased evaluations for his left knee disability, low back disability, and sinusitis are pending.