Back / lumbar spine decisions — 2000

The Board has determined that the veteran's low back disability warrants a 50% rating effective June 8, 2000.

The Board has granted a higher rating of 60 percent for the veteran's service-connected low back disorder, finding that it more nearly approximates pronounced intervertebral disc syndrome.

The Board has remanded the case to the RO for further evidentiary development, including obtaining medical records and scheduling a VA examination. The veteran's claim for an increased rating for service-connected low back strain is pending.

The Board has reopened the claim and found it well grounded, implying a link between current back disorder and service. The case is remanded for further examination to determine if there is any relationship.

The Board has determined that the veteran's service-connected anxiety reaction does not result in impairment which warrants a compensable rating according to the general criteria for evaluation of mental disorders. As such, an increased (compensable) evaluation is denied.

The Board has determined that the veteran's claim for service connection for arthritis of the lumbosacral spine is not well-grounded, as there is no competent medical evidence linking this condition to his military service or any other service-connected disorder. The claim for increased evaluation for arthralgia remains pending.

The Board denied the veteran's claim for service connection for residuals of a back injury, finding that there was no evidence linking his current degenerative disc disease to an in-service injury.

The Board denied the appellant's claims of service connection for lumbar spine, cervical spine, headache, urinary, and brain disorders due to lack of evidence linking these conditions to service.

The Board has determined that the veteran's service-connected chronic lumbar strain warrants a disability rating of 40 percent, and his right leg radiculopathy with decreased strength involving plantar flexion of the right foot warrants a disability rating of 10 percent.

The Board denied service connection for atrophy of the right leg, a back disorder, and flexion contractures of the fourth and fifth fingers of the left hand. The moving party argued that there was CUE in these decisions but failed to provide specific allegations of error.

The Board has determined that the appellant's claims for increased evaluations of peptic ulcer disease, right ear hearing loss with labyrinthitis, and lumbosacral strain with arthritis are not well-grounded as his conditions do not meet the criteria for higher ratings under the applicable rating schedules.

The Board has denied the veteran's claims for service connection for a skin disorder, neck disorder, PTSD, and lower back disorder as not well-grounded. The evidence submitted since previous decisions does not provide new or material evidence to reopen any of these claims.

The Board found that the veteran's claim for service connection for thoracic spine injury is well grounded. However, his claim for low back (lumbar spine) condition was denied as it is not well-grounded.

The Board denied service connection for arthritis of the elbows and left hip, and did not address the claim for a higher rating for low back arthritis. The veteran's claims are remanded to obtain additional medical records and to schedule orthopedic and neurological examinations.

The veteran's employer placed him on leave without pay due to his service-connected back disability, preventing him from working as a letter carrier. The combined rating for his service-connected conditions is 40 percent, which does not meet the schedular requirements for a total rating based on individual unemployability.

The Board denied the veteran's claim for service connection for a back disability due to lack of competent medical evidence linking his current condition to his in-service injury.

The veteran's VA disability compensation is denied as it is subject to recoupment of the amount of separation pay received at his separation from service.

The Board found that the veteran's heart disorder is not currently manifested and denied his claim for service connection. The veteran's bilateral hearing loss disability was assigned a noncompensable rating, as it did not meet the criteria for a compensable evaluation under either the old or new VA Rating Schedule. For mechanical low back pain, the Board found that the current evidence does not support an increased rating beyond 20 percent.

The Board denied the veteran's claims of service connection for a lung disability, psychiatric disorder, residuals of broken ribs, and low back disability. The decision found that there was no competent evidence linking these conditions to active service or military service.

The veteran's claim for an increased evaluation of his service-connected lumbosacral strain was denied. The Board also found that the veteran is not entitled to a TDIU based on his service-connected disabilities.