Back / lumbar spine decisions — 2001

The Board denied service connection for prostatitis, low back disability, and tinnitus in the left ear. The claim for an increased rating for residuals of a left varicocelectomy was also denied.

The Board has determined that the veteran's service-connected right and left shoulder disabilities warrant a 10 percent disability rating each, while his lumbar spine disability warrants a 10 percent disability rating. The RO increased these ratings in May 1999.

The veteran's claim for an increased rating for lumbosacral strain is being remanded due to the need for additional medical examination and development of claims file.

The Board found that the veteran's service connection claims for her claimed disabilities were not well grounded due to a lack of verified in-service injury and duty status.

The Board has reopened the veteran's claim for service connection for a neck disability. The RO must ensure that all notification and development action required by the Veterans Claims Assistance Act of 2000 is completed, including reviewing the claims file to ensure compliance with the new law.

The Board has granted service connection for the veteran's low back disability as secondary to his left knee disability. The increased evaluation for the left knee disability remains at 30 percent.

The Board has determined that the veteran's right hip and back disabilities are a result of his service-connected right knee disability, with aggravation.

The Board found that the veteran did not have a chronic lumbar spine disorder during service and arthritis of the spine was not manifest within one year after service. The Board also determined that his current back problems were not due to an injury in service but instead related to an on-the-job injury many years after service. For post-traumatic stress disorder, the Board found that there is no occupational or social impairment warranting a higher rating than 30 percent.

The Board found that new and material evidence had not been presented to reopen the claim for service connection for recurrent strain of the lumbosacral area.

The Board denied the veteran's claims for increased evaluations of his PTSD, cervical spine disability, lumbar spine injury residuals, and right ankle fracture. The evidence did not support a higher evaluation under any applicable diagnostic codes.

The veteran's service-connected conditions have been evaluated, and no ratings in excess of the current ones are warranted.

The Board has determined that the veteran's low back disorder is related to his service-connected postoperative arthrotomies and flexion contracture of the right knee, granting service connection for this condition.

The veteran's claim for a higher rating prior to February 5, 1997 was denied. However, his claim for a 20 percent evaluation effective from February 5, 1997 was granted.

The Board has found that new and material evidence has been received to reopen the claim of service connection for a back disorder, and the appeal is granted.

The veteran's claim for service connection for acne was denied, but her low back disability was granted with a 40% rating. The appeal is mixed as it includes both granted and denied issues.

The Board has determined that the veteran's service-connected disabilities do not warrant an evaluation in excess of the currently assigned ratings.

The Board has determined that the veteran's current low back disability is related to an inservice motor vehicle accident and granted service connection for this condition.

The veteran's request for vocational rehabilitation benefits was denied. The case is remanded to review the claim and address any newly raised issues, including an increased rating for his service-connected lumbar spine disability.

The Board denied the veteran's claims of service connection for mechanical low back pain and headaches secondary to mechanical low back pain, finding that new and material evidence had not been submitted to reopen the claim for mechanical low back pain. The Board also found that service connection for headaches on a secondary basis was not warranted.

The veteran's claims for service connection and increased ratings for bilateral hearing loss, insomnia, mid-back myositis, low back strain, and headaches have been denied. The RO found that the veteran does not meet the regulatory criteria for a current disability involving bilateral hearing loss. For the other conditions, the RO granted service connection but assigned 10 percent disability ratings.