Back / lumbar spine decisions — 2000

The veteran's low back disability, including spondylolisthesis and degenerative arthritis, is rated at 40% due to moderate limitation of motion. The Board granted this rating as the condition preexisted service but has been aggravated by it.

The Board has found new and material evidence to reopen the claim for service connection for a low back disability, but the claim remains not well grounded as there is no medical evidence establishing a causal relationship between the current disability and active service.

The Board has determined that the veteran's back, hip, and groin conditions are secondary to her service-connected left knee disorder. She is currently rated at 10 percent for her left knee condition.

The veteran's degenerative disc disease of the lumbar spine, with chronic low back pain, is rated at 60 percent since July 12, 1991. The Board found no evidence to support a higher rating.

The Board has denied the appellant's claims for service connection for residuals of dental trauma and low back disability secondary to service-connected knee disability due to lack of competent evidence linking these conditions to service.

The Board has determined that the veteran's claims for service connection for a low back disorder, shin splints, and a bilateral knee condition are not well grounded. The evidence does not support a finding of in-service incurrence or chronicity of these conditions.

The VA determined that the veteran's contused lumbar spine with mild degenerative changes does not warrant a rating higher than 20 percent.

The VA denied the veteran's claim for an increased rating for eosinophilia-myalgia syndrome, concluding that his symptoms were not due to service connection.

The Board has determined that an increased evaluation of 40 percent disabling is warranted for lumbar disc disease due to severe limitation of motion, but not for intervertebral disc syndrome or lumbosacral strain. Service connection for bipolar disorder with depression was granted.

The Board denied the veteran's claims for service connection for loss of vision, bilateral hearing loss, acquired psychiatric disorder, diabetes mellitus, low back disorder, left knee disorder, right elbow disorder, and arteriosclerotic heart disease. The appeals were not well-grounded.

The veteran's degenerative disc disease of the lumbosacral spine is currently rated at 40 percent effective July 15, 1997. The respiratory disorder (bronchial asthma) has been rated as 30 percent since February 1993.

The Board has determined that the veteran's low back strain warrants a 40 percent evaluation, which is the highest rating available under VA guidelines.

The Board found that the veteran's allergic rhinitis, back disability, and glaucoma were not incurred in or aggravated by service. The claims for these conditions are therefore denied.

The Board has determined that the appellant's low back disorder, diagnosed as spinal stenosis with multiple collapsed vertebrae from L1 to L4, was incurred during active service. The claim is granted.

The Board has not determined whether new and material evidence was submitted to reopen claims for service connection for a nervous condition, back condition, or gastrointestinal condition. The veteran's claims were previously denied due to lack of new and material evidence.

The Board denied the veteran's claims for increased ratings for his low back disability, right shoulder separation residuals, and right hand and right little finger injury residuals. The evidence did not meet the criteria for an increased rating under VA Schedule for Rating Disabilities.

The Board has denied the veteran's claims for service connection for various conditions, including right and left shoulder disabilities, a back disability, ulcers, and headaches. The RO previously denied these claims on multiple occasions without the submission of new and material evidence.

The veteran's claims for increased ratings and service connection were granted, with the exception of tinnitus. The right shoulder condition was rated at 20 percent effective August 29, 1997; lumbosacral spine degenerative joint disease at 10 percent; and bilateral eczema at 10 percent. Service connection for tinnitus remains denied.

The Board has determined that the veteran's claims for service connection are not well grounded and have therefore been denied.

The Board found that the veteran's lumbosacral strain, as manifested by muscle spasm and limited range of motion, warrants a 20 percent evaluation under Diagnostic Code 5295.