Back / lumbar spine decisions — 2000

The Board has granted a 30% rating for the veteran's service-connected low back disability, finding that his overall lumbar motion is not more than moderately restricted. The claim for secondary service connection for psychiatric disability was found to be not well grounded.

The Board denied the veteran's claims of increased evaluations for his dorsal and lumbar spine disabilities, as well as service connection for a pancreatic disability. The decision found that the veteran did not provide sufficient evidence to establish a plausible claim for any of these issues.

The Board has determined that the veteran's claims of entitlement to service connection for low back and left hip disorders are not well grounded, thus denying these claims.

The Board is remanding the case to the RO for further development, including obtaining additional evidence from doctors who may have opinions regarding the nature and extent of the appellant's back disorder. The claim will be re-adjudicated in accordance with the directives set forth by the Court.

The Board has determined that the veteran's cervical spine and low back disorders did not develop during service, and her arthritis of both shoulders is not related to service. The claims are therefore denied.

The Board found that new and material evidence had not been submitted to reopen the veteran's claim for service connection of a low back injury, as the additional evidence did not bear directly and substantially on the issue.

The Board has granted an increased disability rating of 40 percent for degenerative disc disease of the lumbar spine, effective from March 1997. The veteran's bilateral osteoarthritis of the knees is rated as 10 percent disabling since March 1997.

The Board has granted increased ratings for the veteran's service-connected low back disorder and hidradenitis with cellulitis of the lower extremities, both rated at 20 percent.

The Board found that the veteran's fracture involving a lumbar vertebrae was not incurred in or aggravated by service and denied his claim.

The Board has determined that the veteran's hiatal hernia warrants a 10 percent rating, and his low back muscle strain warrants a 10 percent rating. The current ratings are based on symptoms of pain and functional impairment.

The Board has granted a 30 percent rating for the service-connected bilateral pes planus, finding that it more nearly approximates severe level of disability with objective evidence consistent with marked deformity (pronation, abduction, etc.), pain on manipulation and use accentuated, indication of swelling on use, and characteristic callosities. The claim for service connection for a back disorder was denied as there is no competent evidence to support the veteran's lay assertions.

The Board has granted a disability rating of 20 percent for the appellant's service-connected arthritis of the low back, effective from August 13, 1990.

The Board has determined that the appellant's back disability was not incurred or aggravated during service and denied her claim for service connection. The right foot disability is currently evaluated as non-compensable.

The Board denied the veteran's claims for increased evaluations for his left knee, lumbar spine, and right hip disabilities. The RO continued or granted some of these evaluations but did not grant any higher ratings.

The Board has determined that new and material evidence has not been submitted to reopen the claim for service connection of a low back disorder as secondary to service-connected disability. The veteran's claim for compensation under 38 U.S.C.A. § 1151 for residuals due to attempt to remove kidney stone is not well-grounded, and there are no additional increased ratings during the period of November 30, 1994 to September 8, 1995 for his bilateral knee disabilities. After August 6, 1998, there is no longer an issue of fact or law pertaining to a claim for VA benefits before the Board as to entitlement to an increased schedular evaluation for the veteran's service-connected bilateral knee disability.

The Board denied the veteran's claims for increased disability evaluations for his service-connected degenerative joint and disc disease of the lumbar spine and cervical spine, finding that the evidence did not meet the criteria for a higher evaluation.

The Board denied the veteran's claims for service connection due to lack of evidence supporting his claimed conditions and exposure. The RO found that new and material evidence was not submitted to reopen the claims for back disability and right knee and leg disability.

For the period from May 3, 1947, to May 9, 1959, the veteran's low back disability was not productive of any significant symptoms or functional impairment.,From May 10, 1959, to October 6, 1996, the veteran's severe intervertebral disc syndrome warranted a 40% rating. However, from October 7, 1996, his disability was rated as pronounced with little intermittent relief and persistent symptoms compatible with sciatic neuropathy.

The veteran's claim for an increased rating for his lumbosacral strain with mild traumatic spondylosis was denied. Service connection claims for post-traumatic stress disorder and other disabilities were also considered, but the evidence did not meet the criteria for a higher rating or service connection.

The Board denied the veteran's claims for service connection due to lack of evidence supporting his claims, including those related to fatigue and male-pattern hair loss as undiagnosed illnesses.