Back / lumbar spine decisions — 2000

The veteran's claim for special monthly pension based on the need for regular aid and attendance or being housebound is denied as she does not meet the criteria for either condition.

The Board determined that the preponderance of the evidence did not support an increase in the original evaluations assigned for the veteran's service-connected disabilities, including hypothyroidism, low back, migraine headache, right knee, left knee, left shoulder, and left wrist disabilities. The RO had initially assigned zero percent (noncompensable) evaluations, which were later changed to 10 percent.

The veteran's service-connected hemorrhoids and left wrist sprain have been granted compensable evaluations. Service connection for neck strain has also been established, but the other issues remain unresolved.

The Board finds that there is competent medical evidence linking the veteran's currently diagnosed back disorder to his period of service. As a result, the veteran's claim for service connection for a back disorder is granted.

The veteran's claim of entitlement to service connection for a back disorder has been reopened, and the Board has granted this appeal.

The Board found no additional disability resulting from the veteran's slip and fall at a VA medical facility in May 1993, thus denying his claim for compensation under 38 U.S.C.A. § 1151.

The Board denied the veteran's claims for service connection for a right kidney disorder and low back disorder, finding that there was no new and material evidence to reopen the right kidney claim and that the claims were not well-grounded.

The Board found that the veteran's claims for service connection were not well grounded, and thus denied them.

The veteran's service-connected low back disability was rated at 40 percent prior to April 3, 1997 and increased to 60 percent effective April 4, 1997. The hiatal hernia is currently rated at 10 percent.,The veteran contends that her service-connected low back disability warrants a higher rating.

The veteran's lipomas in the chest, abdomen, back, right arm, and left arm have been granted a 10% rating each. The veteran also received a 20% rating for residuals of a gunshot wound to the left buttock (Muscle Group XVII) and a 20% rating for residuals of a gunshot wound to the low back (Muscle Group XX). No compensable rating was granted for multiple laparotomies of the abdomen. The veteran's right shoulder arthritis has been granted a 10% rating.

The Board found that the veteran's claim for service connection for a chronic acquired low back disorder was not well-grounded, as there was no credible evidence showing a link between his current condition and his military service.

The Board has determined that the veteran's claims for service connection are well-grounded and have been granted. The conditions of sinusitis, left knee disorder, residuals of costochondritis (claimed as thoracic/low back pain), headaches, chest pain, fatigue, and memory loss are all considered to be related to his military service.

The veteran is entitled to vocational rehabilitation training due to her service-connected disabilities and employment handicap.

The veteran's claim for an increased disability rating for chronic lumbar disc disease is being remanded due to the need for additional medical records and examination.

The Board denied the veteran's claims for service connection for the cause of his death and entitlement to DIC under 38 U.S.C.A. § 1318 due to a lack of well-grounded evidence.

The veteran's service-connected lumbosacral sprain with limitation of motion was granted a 40 percent evaluation effective September 11, 2000. The RO also referred the issue of unemployability to the RO for appropriate action.

The Board has granted an effective date of August 1, 1944 for the grant of service connection for degenerative disc disease of the lumbar spine. The issue of entitlement to a total rating on the basis of individual unemployability due to service-connected disability (TDIU) is remanded.

The Board has determined that the veteran's claims for service connection for headaches, low back disability, residuals of a head injury, residuals of a neck injury, and visual disability are not well grounded.

The veteran's lumbar disc syndrome with post-operative residuals is currently rated at 60 percent, which is the maximum evaluation provided for under applicable schedular criteria. The veteran's PTSD claim will be remanded to obtain SSA records.

The veteran's appeal is being remanded to the RO for scheduling a travel board hearing in New Orleans, Louisiana.