Back / lumbar spine decisions — 2001

The Board denied the veteran's claim for benefits under 38 U.S.C.A. § 1151 for memory loss and also denied his attempt to reopen his service connection claim for degenerative disc disease, thoracic and lumbar spine.

The veteran's service connection for degenerative arthritis of the cervical spine and lumbar spine, as well as left elbow, is granted.

The Board has determined that the veteran does not have a chronic headache disability or a back disorder as a result of disease or injury during service. The claims for service connection are therefore denied.

The Board denied service connection for a low back disability, finding that the evidence did not support a direct link to service. The appeal is based on new and material evidence submitted by the veteran.

The Board denied the appellant's claims for increased disability ratings for his service-connected right sacroiliac joint tenderness with a history of low back strain, bilateral pes planus, chondromalacia of the left knee, and chondromalacia of the right knee.

The Board has dismissed the claim for service connection for a back disability due to the veteran not perfecting an appeal within the required time frame.

The Board of Veterans' Appeals has determined that the veteran's low back disorder is not service-connected, as there is insufficient evidence to establish a link between his in-service injury and current condition.

The Board denied the veteran's claims for service connection for hearing loss, bilateral knee disability, and low back pain. The veteran was also denied an increased evaluation for flatfeet.

The Board denied the veteran's claims of service connection for lumbosacral strain and liver damage due to substance abuse, finding that there was no credible evidence supporting these claims.

The Board granted increased evaluations for the veteran's cervical spine disability, with a 40% evaluation effective June 19, 2001.

The Board denied the appellant's claims for evaluations of his right elbow bursitis and low back disorder, finding that there was no evidence of limitation of motion or other impairment warranting a compensable rating under the applicable VA rating criteria.

The Board has remanded the case due to new legal requirements under the Veterans Claims Assistance Act of 2000, and the need for additional development including a VA examination.

The Board has reopened the claim for service connection for low back pain, finding new and material evidence. The claim remains denied as there are no residuals of frozen feet found on examination.

The Board has granted a 10 percent disability evaluation for the appellant's service-connected residuals of right ankle fracture and denied his claims for service connection for lumbar spine, cervical spine, bilateral knee, and left ankle disorders.

The veteran's claims for secondary service connection have been denied as not well grounded. The RO is required to obtain the names and addresses of all medical care providers who treated the veteran for his disabilities of the left lower extremity since the VA examination in June 1999, and to provide a VA examination by an appropriate specialist to determine the nature and extent of his service connected disabilities of the left lower extremity. The RO must also review the claims file and ensure that all notification and development action required by the Veterans Claims Assistance Act of 2000 is completed.

The Board has determined that the veteran's service-connected degenerative disc disease of the lumbar spine warrants a 60% disability evaluation, effective from March 17, 1995. The noncompensable disability evaluation for residuals of prostate cancer is denied.

The veteran's current low back condition, including degenerative disc disease and status post herniated nucleus pulposus, was not incurred in or aggravated by active service.

The Board denied the appellant's claims for various conditions, including PTSD, hypertension, and residuals of a head injury. The claim for service connection for a bilateral knee condition was not reopened due to lack of new and material evidence.

The Board has denied service connection for heart disability, right lung disability, and kidney stones. Service connection was granted for low back disability due to osteophytes of the lumbar spine.

The Board denied increased ratings for the veteran's service-connected lumbosacral strain with spondylolisthesis at L5-S1 and arachnoiditis, except for a separate rating for arachnoiditis.