Back / lumbar spine decisions — 2000

The veteran's claim for PTSD was granted, but his attempt to reopen a back disability claim was denied due to lack of new and material evidence.

The Board found that the veteran does not currently have a disability of the cervical spine, including degenerative disc disease with herniated nucleus pulposus at C4-C5. The claim for service connection was denied.

The Board has determined that the veteran's service-connected arthritis of multiple joints with bilateral total knee replacement contributed substantially to cause his death.

The Board has determined that the veteran's acquired low back disorder is service-connected, and his claim for a respiratory disorder to include allergies is well-grounded.

The veteran's TDIU claim is granted due to his service-connected disabilities, including bipolar disorder and degenerative arthritis of the back and knee, which have rendered him unemployable.

The Board has determined that the veteran's claims for increased ratings for his bilateral hearing loss and PTSD are well-grounded, but have not met the criteria for higher evaluations under the applicable VA rating schedule. The claim for reopening his back disability is denied as new and material evidence has not been submitted.

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

The veteran's service-connected hypertension is granted with a 10 percent rating.

The veteran's claim for an increased rating for his service-connected lumbar disc disease due to lumbar strain is being remanded due to the lack of a VA examination report and incomplete medical records.

The veteran's death was found to be related to his service-connected lumbosacral disc disease, and the claim for cause of death is granted. The eligibility for Dependents' Educational Assistance (DEA) under 38 U.S.C. Chapter 35 remains pending.

The Board of Veterans' Appeals has determined that there is no competent medical evidence linking the veteran's current low back disorder to his period of active duty service. Therefore, the claim for service connection for a low back disorder is denied.

The veteran's claims for service connection are being remanded due to incomplete medical records. The RO is instructed to secure all relevant VA treatment records and National Guard service records before proceeding with the evaluation of his claims.

The Board has reopened the veteran's claim for service connection for residuals of a cold weather injury to his feet and found it well-grounded. For the back disability, the examiner concluded that the symptoms are at least as likely as not related to service.

The veteran's service-connected low back syndrome is manifested by complaints of pain and stiffness, with moderate limitation of motion. The Board finds that a 20 percent evaluation under DC 5292 has been met.

The Board denied the veteran's claims for increased initial ratings for his service-connected disabilities of the right knee and lumbosacral spine, finding that an increased rating was not warranted under applicable diagnostic codes.

The veteran withdrew his appeal, and the Board dismissed it.

The RO denied the veteran's claim to reopen his service connection for a back disorder, finding that no new and material evidence had been submitted.

The Board found that the veteran's low back disorder does not warrant a rating higher than 20 percent, as there was no evidence of severe limitation of motion or other disabling conditions.

The Board has determined that the evidence submitted by the veteran, including statements from private physicians, is new and material and should have reopened his claim for service connection for a back disorder. The original denial was based on lack of a nexus between the inservice injury and the current disability.

The Board has determined that the veteran's left hip disability, including Perthes' hip and osteoarthritis, as well as his low back strain, are service-connected. The decision also grants service connection for these conditions based on aggravation during military service.