Back / lumbar spine decisions — 2000

The Board has found that the veteran's claim of service connection for residuals of a fracture of the lumbar spine is plausible and capable of substantiation, thus well grounded. The veteran should be afforded a VA examination to determine the nature and likely etiology of his low back condition.

The Board has determined that the veteran's numbness of the right arm, hand and leg is not well grounded. The low back disability was incurred in service, while the neck disability claim is not well grounded.

The veteran's TDIU benefits were granted effective November 10, 1992, the date of his original claim for service connection. The effective date was later changed to December 31, 1997, when he submitted a formal application for TDIU.

The Board found that new and material evidence had not been submitted to reopen the previously denied claims for PTSD, headaches (claimed as residuals of head trauma), and lower back disability. The RO's decisions remain final.

The Board denied service connection for a low back disability, but granted a 10% evaluation for the veteran's second degree burn scars on his right arm and right flank.

The Board has remanded the case for further development, including obtaining medical records and scheduling a VA compensation examination to assess the severity of the veteran's low back disability. The RO must also consider whether an extraschedular evaluation is warranted.

The Board has determined that the veteran's current low back disability is not related to an injury sustained during his 1993 VA hospitalization for treatment of service-connected PTSD.

The Board has ordered the case to be remanded for further examination and consideration of the veteran's service connection claim for a low back disability, taking into account his complete medical history.

The veteran's claim for an increased rating for his service-connected low back disability is being remanded due to the need for additional VA examination and consideration of DeLuca v. Brown principles.

The Board has granted a 30 percent evaluation for the veteran's cervical strain and denied any increase in his lumbosacral strain rating, as both conditions are separately evaluated.

The veteran's claim for compensation under 38 U.S.C.A. § 1151 for residuals of lumbosacral surgeries is denied as not well grounded.

The Board has determined that the veteran is entitled to a 60 percent rating for his service-connected lumbar spine disability, which includes severe limitation of motion and symptoms compatible with spinal stenosis.

The Board has determined that the veteran's current low back symptoms are primarily due to a work-related injury in 1990 and age, rather than service connection.

The Board has reopened the veteran's claim of service connection for a low back disorder and found it to be well grounded. The claim is now before the Board for further consideration.

The Board has determined that the veteran's claims of service connection for lupus, bilateral hip disorder, migraine headaches, and lumbar spine disorder are not well grounded. There is no competent medical evidence linking these conditions to her military service.

The veteran's upper back disorder and low back disorder are not service-connected. The claim for increased disability evaluation for right knee injury is pending.

The Board denied the veteran's claims for service connection for a back disability, hypertension, hearing loss, and left eye injury. The decision also noted that new evidence was submitted to reopen some of these claims but did not meet the criteria for reopening others.

The Board has determined that the claim for service connection of a back disability is well-grounded, and it grants this issue. The right lower extremity increase rating claims are also considered well-grounded.

The Board has granted service connection for lumbosacral spine degenerative disc and joint disease, but denied the claims for increased evaluations of chondromalacia patella of both knees. The veteran's knee conditions are currently rated as 20 percent disabling.

The Board has denied the appellant's claims for service connection for multiple sclerosis and a low back disorder as not well grounded. The case is remanded to consider any evidence obtained since the Notice of Disagreement.