Back / lumbar spine decisions — 2000

The Board has determined that the veteran's claim for service connection for a right wrist scar is well grounded. The VA duty to assist the veteran includes obtaining all relevant records, including reports of his recent treatment at the VA medical facility in Albany, New York.

The Board has granted increased disability evaluations for the veteran's service-connected low back disorder and furunculosis (abscess), hidradenitis suppurative, and cystic acne. The total disability rating on the basis of individual unemployability due to service-connected disabilities was denied.

The Board denied an increased rating for lumbosacral strain, finding no current symptoms attributable to the service-connected condition and noting the presence of new diagnoses unrelated to the veteran's service connection.

The Board has denied the veteran's claims for service connection for a back disorder and bilateral leg disorders, as well as his claim for an increased rating for idiopathic seizures with depressive features. The evidence does not support a finding of service connection for these conditions.

The Board found that the veteran's claim for service connection for a back disability, including as secondary to his service-connected leg disabilities, is not well grounded. The evidence did not establish a relationship between the veteran's current back disability and active service or his service-connected leg disabilities.

The Board denied the veteran's claims for service connection for a cervical spine disorder and increased ratings for his low back disorder. The Board found insufficient evidence to establish service connection for the cervical spine disorder, and concluded that an evaluation higher than 20 percent was not warranted for the low back disorder prior to November 18, 1998, but did grant a 40 percent rating effective from November 18, 1998.

The Board has granted a 40% rating for lumbosacral strain, the maximum available under VA regulations.

The VA did not authorize the treatment at St. Luke's Meridian Medical Center, and there is no evidence that such authorization was provided by a VA employee or through any formal contract. The veteran received care for symptoms unrelated to his service-connected lumbar spine disorder.

The veteran's only service-connected disability is low back strain, rated at 40 percent. The evidence does not show that her service-connected condition precludes her from securing or following a substantially gainful occupation consistent with her education and occupational experience.

The Board has determined that the veteran's service-connected sacroiliac sprain with degenerative arthritis of the lumbar spine and spondylolisthesis does not warrant a rating in excess of 20 percent.

The Board has determined that the veteran's service-connected lumbosacral spine disability is currently productive of severe limitation of motion and/or severe lumbosacral strain, warranting a 40% rating.

The Board denied an increased evaluation for low back strain, finding that the evidence did not support a higher rating due to functional loss or other symptoms.

The Board has granted a 70 percent rating for PTSD effective May 12, 1997. The veteran's claim of service connection for degenerative disc disease of the lumbosacral spine is well-grounded.

The Board has granted a 20 percent evaluation for the veteran's service-connected lumbar strain, and finds that he is entitled to service connection for degenerative disk disease of the cervical spine. The rating assigned aligns with the criteria set forth in the VA Schedule for Rating Disabilities.

The Board has determined that the appellant's current lumbar spine disability, stemming from an injury during ACDUTRA in March 1994, is service-connected. The thoracic spine disability claim remains on appeal.

The veteran's claim for tinnitus is well-grounded, and service connection has been granted.,The veteran's claims for carpal tunnel syndrome of the right wrist are well-grounded. Service connection was denied due to lack of clinical evidence.

The VA has determined that the veteran's lumbosacral strain with reverse spondylolisthesis is currently rated at 40 percent, which is the maximum rating available under the applicable diagnostic codes. The Board finds no evidence to support a higher rating.

The Board has determined that the veteran's low back disorder is related to an in-service injury, specifically a fall from a tank during active duty for training. The claim is granted.

The Board found no evidence of a link between the veteran's post-service back disorder and his service, or any other condition. The claim was denied as not well-grounded.

The veteran's appeal for increased ratings and TDIU was denied. The low back disorder is currently rated at 40 percent, PTSD at 30 percent, resulting in a combined rating of 70 percent.