Back / lumbar spine decisions — 2000

The Board found no medical evidence linking the veteran's current low back condition to his service, and thus denied his claim for service connection.

The Board has determined that new and material evidence was not submitted to reopen the veteran's claims for service connection for residuals of a fracture of the jaw and a back disorder. The previous denials are considered final.

The Board denied the veteran's claims for increased rating for plantar warts on her left foot and service connection for chronic right foot and low back disabilities. The veteran's claim of increased rating was not well-grounded, as there was no evidence showing that her current symptoms were more severe than those at the time she initially filed her claim in 1998.

The veteran's claim for service connection for a low back disorder is being remanded due to the need for additional development, including obtaining medical records and scheduling an examination.

The Board denied the appellant's claim for increased rate of dependency and indemnity compensation based upon a demonstrated need for aid and attendance or housebound status due to lack of evidence showing she requires regular aid and attendance or is permanently housebound.

The veteran's lumbar disc disease is currently manifested by severe limitation of motion, pain and stiffness affecting the right lower extremity (sciatica), and a minimally antalgic gait. The Board finds that the objective evidence supports the assignment of a 60 percent evaluation for the service-connected lumbar disc disease under diagnostic code 5293.

The Board has determined that the veteran's claims for compensation under 38 U.S.C.A. § 1151 for low back pain and tinnitus are not well grounded, as there is no competent medical evidence showing these conditions resulted from or were aggravated by VA treatment in May 1997.

The Board denied the veteran's claim for entitlement to TDIU, finding that his service-connected disabilities did not render him unemployable.

The veteran's appeal is remanded due to the need for a VA orthopedic examination to assess the severity of his service-connected degenerative disc disease at L5-S1, including functional impairment and pain. The RO will then review the claim.

The Board has granted the veteran's claims for increased evaluations for his bilateral hearing loss disorder and psychogenic pain disorder, but denied service connection for low back injury residuals and head injury residuals. The low back disability is considered part of an already service-connected condition (psychogenic pain disorder), while the head injury claim lacks sufficient evidence to establish a direct or secondary relationship with service.

The Board denied an increased rating for the veteran's low back disorder and confirmed a 20 percent rating. The case was also remanded to restore a 10 percent rating for the period from August 1, 1992 to September 16, 1997.

The veteran's service-connected patellofemoral pain syndrome of the right knee, lumbar muscle sprain, and residuals of a fracture of the right fifth finger have been granted increased ratings. The effective date for these increases is June 2, 1995.

The Board denied an extra-schedular evaluation for the veteran's lumbosacral strain, finding no evidence of marked interference with employment or frequent hospitalizations.

The veteran's back disability has not been shown to warrant a higher evaluation based on the current evidence of record.

The Board has granted a 20 percent evaluation for the veteran's lumbar strain with arthritis, L5-S1, based on findings of slight limited motion and functional loss due to pain.

The veteran's service-connected PTSD is granted with a 10% evaluation, effective from March 4, 1997. Service connection for the skin disorder and low back strain are denied. The clothing allowance claim is also denied.

The Board has granted entitlement to service connection for low back disability, manifested by degenerative changes. The claim of upper back disability is denied.

The Board has reopened the veteran's claim of service connection for hypertension and found that his back disability was aggravated by his military service with UTARNG. The cardiovascular disorder, including hypertension, is not well grounded.

The Board found that the veteran's left ear hearing loss did not undergo an increase in severity during service and denied his claim for service connection. For his low back disorder, there was no competent evidence showing a disease or injury incurred in service, leading to denial of service connection.

The Board found that the veteran's back disability results in no more than moderate impairment, and thus did not meet the criteria for an evaluation in excess of 20 percent.