Back / lumbar spine decisions — 2000

The Board has granted an increased disability rating for the veteran's service-connected herniated lumbar disc and internal derangement of the right knee, with a 10 percent rating effective from June 1, 1992.

The Board has determined that the January 1946 claim for service connection for a back disorder was abandoned. The current claim of service connection for a back disorder is granted.

The Board denied the veteran's claim for service connection for a low back disability, finding no competent medical evidence linking his current condition to his military service.

The Board denied the veteran's claims for service connection for psoriasis and increased ratings for residuals of an appendectomy, to include a scar, and fungus infection of the scalp, feet and hands. The veteran's psoriasis was not found to be related to service or his other conditions. His scars were rated as 10% disabling.

The Board denied the veteran's claims for service connection for her left shoulder condition, chronic low back condition, chronic skin condition, and poor blood circulation condition of the left lower extremity due to a lack of competent medical evidence establishing a nexus between these conditions and her period of active duty service.

The Board has determined that the veteran's claims for service connection for right ankle injury and low back condition are not well grounded. There is no competent medical evidence linking these conditions to his active service.

The Board denied the veteran's claims for an increased evaluation for lumbosacral strain and special monthly pension benefits based on need for regular aid and attendance or being housebound, finding that the current 40 percent rating adequately reflects his disability.

The Board has determined that the veteran's right knee disability is proximately due to his service-connected right foot disability, and the claim for reopening a low back disability as secondary to a service-connected right foot disability is granted.

The veteran's claim for increased ratings for his service-connected low back strain, right forearm gunshot wound, and right ankle disorder was granted. The rating for the left ankle condition remains at 10 percent. Hallux valgus deformity of both feet is rated as 10 percent disabling.

The Board has denied reopening claims for service connection for various conditions, including back disability, dizziness, and eye disabilities. The evidence received since the 1976 decisions is not considered new and material to reopen these claims.

The veteran's heart condition was not service-connected, and the Board found that it did not aggravate any of his service-connected disabilities. Therefore, he is not eligible for reimbursement of unauthorized medical expenses.

The Board has determined that the veteran's service-connected ligamentous low back strain does not warrant a rating higher than 20 percent, as there is no evidence of severe intervertebral disc syndrome or ankylosis of the lumbar spine.

The veteran's claim of entitlement to payment or reimbursement for unauthorized medical services provided during his hospitalizations is denied as not well-grounded because the treatment was not for a service-connected disability.

The veteran's service-connected degenerative joint disease and disc disease of the lumbar spine with herniated disc at L4-5 is currently rated as 60 percent disabling, which is the maximum allowed under the rating code. The veteran's bilateral pes planus is currently rated as 10 percent disabling.,The effective dates for service connection have been established based on earlier claims filed.

The Board has determined that the claim of entitlement to service connection for PTSD is well grounded. The veteran's stressors during his Gulf War service are supported by evidence, and a VA examination will be arranged to determine if he meets the criteria for PTSD.

The veteran's claims for major depression and anxiety, PTSD, and low back condition are denied as they do not meet the criteria for well-groundedness. The claim for arthritis of the left foot and ankle is also denied.,PTSD was supported by medical evidence linking it to service-related stressors.

The Board has determined that the appellant's service-connected low back disability is currently rated at 50 percent, which adequately reflects the level of impairment due to severe limitation of motion and deformity. The claim for an increased rating is denied.

The Board has reopened the claim of secondary service connection for a low back disorder due to new and material evidence submitted since March 1982.,The claim is considered well-grounded as it relates the cause of the current low back disability to the veteran's service-connected migraine headache disorder.

The VA determined that the veteran's posttraumatic lumbar strain does not warrant a rating higher than 40 percent, based on his current symptoms and x-ray findings of mild spondylolisthesis.

The veteran's claim for an increased disability rating for his service-connected lumbosacral strain was denied by the Board of Veterans' Appeals. The evidence showed severe limitation of motion, but no ankylosis or complete immobility of the lumbar spine. Therefore, a higher rating under applicable regulations is not warranted.