Back / lumbar spine decisions — 2000

The Board denied the veteran's claims for service connection due to lack of evidence linking his current disabilities to his military service.

The Board denied the veteran's claims for an increased evaluation for his service-connected bilateral pes planus and service connection for a herniated disc of the low back, finding that there was no evidence to support these claims.

The Board has denied the veteran's claims for service connection for residuals of compound fractures of the lower legs and disc disease with chronic low back pain, finding that there is no evidence to support these claims. The claim for a compensable disability rating for laceration scars on both lower legs remains pending.

The Board has reopened the veteran's claim for service connection for a back disability and found it well grounded. The RO is instructed to obtain additional medical records and provide a VA examination to determine if the veteran's current back disability was first manifested in service or due to injury sustained in service.

The Board has determined that there was no clear and unmistakable error in the December 1957 rating decision denying service connection for a back disorder. The appellant's claim of entitlement to service connection for residuals of a right shoulder injury is well-grounded, but additional evidence is needed before a decision can be made.

The Board denied the veteran's claims for service connection for coronary artery disease, increased ratings for degenerative disc disease and hiatal hernia with gastroesophageal reflux and erosive esophagitis, and a compensable rating for bilateral defective hearing. The veteran's heart condition is not linked to service or a service-connected disability. His back disorder does not meet the criteria for a higher rating under Diagnostic Codes 5292 or 5393. His hiatal hernia with gastroesophageal reflux and erosive esophagitis meets the criteria for a 10% rating, but his hearing loss is noncompensable.

The Board found no evidence of a present back disorder related to active service and denied the veteran's claims for service connection. For systolic heart murmur with mitral insufficiency, the Board noted that it is a congenital or developmental defect not considered a disability for VA compensation purposes.

The Board has determined that the veteran is not entitled to an effective date earlier than January 14, 1999 for his service connection and compensation for a right ear scar and degenerative disc disease of the lumbosacral spine.

The veteran's claims are being remanded for additional development, including obtaining medical records and scheduling examinations to assess his service-connected conditions.

The Board has remanded the case for procedural development regarding service connection for a back condition. The claims of increased evaluations for right and left knee conditions remain pending.

The Board found that the veteran's current low back disability is not related to his service and denied his claim for service connection.

The Board has determined that the veteran's neck and low back disabilities were not incurred or aggravated by service, and thus denied her claims for service connection.

The Board denied increased ratings for lumbosacral strain and bilateral tinea infections, and declined to reopen a claim for service connection for a heart disorder. The veteran's attorney entered into an agreement in November 1999 but the requirements for payment of attorney fees from past-due benefits have not been met.

The Board has determined that the veteran's multiple joint pain, including cervical spine and right knee pain, is attributable to service. Service connection for this condition is granted.

The Board denied service connection for a neuropsychiatric disorder and residuals of right hand injury, as well as an increased evaluation for lumbar paravertebral myositis. The veteran's claims were not well-grounded.

The Board denied the veteran's claim for service connection for a back disorder and also denied his request for an earlier effective date for special monthly pension. The decision on both issues is final.

The Board has granted service connection for a low back disorder and rectum leakage as secondary to the low back disorder. The veteran's bilateral hearing loss disability, tinnitus, and gastrointestinal disorder are not supported by cognizable evidence showing that they are plausible or capable of substantiation.

The Board denied the veteran's claims for service connection for various conditions, including a back disorder, skin rash, and residuals of a right knee contusion. The decision also noted that the cancer claim was not well-grounded as there is no evidence of its onset during service or due to Agent Orange exposure.

The Board has denied the veteran's claims for service connection of a back disorder and chronic headache disorder, finding that there is no evidence linking these conditions to his active duty service.

The veteran's claims for initial disability evaluations and reductions of those evaluations are being remanded due to the need for clarification regarding her desire for a hearing.