Back / lumbar spine decisions — 2001

The veteran's service connection claims for hemorrhoids, irregular heart beat, residuals of a right leg injury, ringing in the ears, dizziness and vertigo, prostate disorder, low back disability, and depression have all been granted.

The Board denied service connection for a right shoulder disorder and the claim to reopen the back disorder was granted based on new evidence.

The Board has restored the veteran's original 20% disability rating for lumbosacral strain, effective from the date of reduction.

The Board has decided to consider both direct service connection and secondary service connection for the veteran's cervical degenerative disc disease. The claim is currently in a 'mixed' disposition, meaning some issues have been granted while others have not.

The Board granted service connection and assigned a 10% rating for degenerative joint disease of the right knee and osteoarthritis of the lumbar spine. The effective date was not established as it was determined that there were no early claims for special monthly compensation prior to April 11, 1997.

The Board found no evidence to support the veteran's claims of service connection for his right leg fractures, bilateral pes planus, low back disorder, and acquired psychiatric disorder. The preexisting conditions were not aggravated by service, and there was insufficient medical evidence linking these conditions to his period of active duty.

The Board denied the veteran's claim for an effective date prior to September 30, 1998 for a compensable evaluation of his service-connected low back pain with myositis.

The VA determined that the veteran's degenerative disc disease at L5 to S1 does not warrant a rating in excess of 20 percent.

The veteran's appeal is being remanded for additional development, including obtaining medical records and conducting examinations to assess his low back disability and any cardiovascular issues. The case will be readjudicated after these actions.

The Board has denied the appellant's claims for increased ratings and service connection for various conditions, including osteoarthritis of the lumbosacral spine with radiculopathy, depression, hepatitis B, appendectomy scar, skin rash, hemorrhoids, right wrist keloid, epididymitis, chronic prostatitis, impotency, colon disorder, anemia, and sinusitis. The claims are denied.

The Board has determined that new and material evidence has been submitted to reopen the veteran's claim for service connection for a back disorder, which was previously denied in December 1971. The issue is now remanded for further development.

The Board has determined that the veteran's service-connected disabilities do not prevent him from engaging in substantially gainful employment, and thus does not meet the criteria for a total disability rating based on individual unemployability.

The Board is unsure whether new and material evidence has been submitted to reopen the veteran's claim for service connection of a back disability. The case will be remanded for further development.

The Board has determined that the veteran's claim for service connection of a low back disability is not well grounded. The issue regarding compensation under 38 U.S.C.A. § 1151 for a stomach disorder will be remanded due to lack of competent medical evidence showing a nexus between the veteran's VAMC treatment and his stomach disorder. The claim for an increased rating for residuals of fracture of the T-8 vertebra is granted.

The veteran's low back pain/strain is currently rated at 20% effective from the date of original service connection.,The veteran's chronic sinusitis/allergic rhinitis is currently rated at 30%, with a maximum potential rating of 50%. The veteran has had 3 or more incapacitating episodes per year requiring prolonged treatment (4 to 6 weeks).

The Board denied the veteran's claims for service connection of low back, left shoulder, and skin disabilities affecting his lower legs and neck due to lack of evidence of current disability.

The Board denied the veteran's claims for effective dates, increased ratings, and TDIU. The veteran was not granted additional compensation for his spouse D., a 10 percent rating for low back strain, or an increased rating for this condition.

The Board has determined that additional development is required before the claims of increased disability evaluation for chronic low back strain and TDIU can be fully adjudicated. This includes obtaining updated employment information, medical records from the Social Security Administration (SSA), and a social and industrial survey to assess the veteran's employability due to his service-connected condition.

The Board has determined that the appellant's left ear hearing loss is service-connected and granted service connection. The lumbosacral strain issue remains at a noncompensable rating.

The Board has denied the veteran's claims for service connection of a low back disorder and left ear hearing loss, finding that the evidence does not establish an in-service injury or aggravation, and that any current conditions are not related to active military service.