Back / lumbar spine decisions — 2001

The VA has denied the veteran's claim for service connection of a low back disability, finding that there is no evidence to support a link between his current condition and his military service.

The Board denied the veteran's claims for service connection and increased evaluations for right ear hearing loss, left ear hearing loss, spondylolysis of the lumbar spine, and sinusitis. The RO had previously granted service connection for these conditions but assigned noncompensable evaluations.

The veteran's low back disability is service-connected, and his atrial fibrillation is rated at 10 percent. The veteran does not meet the criteria for a higher rating due to recent episodes of atrial fibrillation.

The Board has denied the veteran's claims for service connection for a back disorder, coronary artery disease (CAD), and eye disorders. The claim for a compensable rating for infectious jaundice is granted.

The Board has determined that the appellant does not have a current conversion disorder or psychiatric diagnosis, and therefore cannot be granted an evaluation in excess of 10 percent for a conversion reaction associated with post-operative residuals of a right ankle injury. The claims for service connection for low back and neck disorders are held in abeyance pending completion of further development.

The veteran's claim for a total rating based on individual unemployability due to service-connected disabilities was granted with an effective date of February 11, 2000. The veteran's daughter is also eligible for Dependent's Educational Assistance under Chapter 35.

The Board has ordered a remand due to the need for additional development of evidence, including obtaining records from vocational rehabilitation programs and private medical providers. The appellant's claim for a total rating by reason of individual unemployability due to service-connected disabilities will be reconsidered after all necessary steps are taken.

The Board denied the veteran's claim for an increased evaluation of his post-traumatic lumbar disc disease with fusion at L2-L4, stenosis at L5-S1, and radiculopathy, as it did not meet the criteria for a higher schedular evaluation.

The Board has determined that the RO's May 2000 decision denying reopening of claims for service connection for ulcers and an upper back condition is final. The evidence submitted since the May 1997 rating decision does not present new and material evidence to reopen these claims.

The Board denied the veteran's claim for service connection for a low back disability, finding that there was no evidence to support a link between his current condition and his military service.

The Board found that the veteran's service-connected disabilities alone do not provide adequate clinical findings to determine if he requires assistance in performing daily needs or is housebound. The RO was directed to obtain recent treatment records and arrange for a VA examination.

The Board finds that the veteran's current low back problems are related to his in-service injury, and thus grants service connection for these conditions.

The veteran has an employment handicap and meets the criteria for basic entitlement to vocational rehabilitation benefits under Chapter 31, Title 38, United States Code.

The Board has granted a 40 percent rating for the veteran's residuals of compression fracture of the lumbar spine with degenerative joint disease, but denied any increase in rating for his thoracic spine disability.

The veteran's service-connected conditions do not render him unable to secure or follow a substantially gainful occupation, and he is therefore denied a total disability rating for compensation based on individual unemployability.

The Board has determined that new and material evidence has been presented to reopen the veteran's claim for service connection for PTSD. The veteran is granted service connection for PTSD as it is found to be related to an in-service stressor.

The Board has determined that the veteran's right knee disability was incurred during active service and granted service connection for residuals of a right knee injury. The issue of secondary service connection for low back pain is also addressed, but further development is needed to determine if there is a current low back disorder and its etiology.

The Board denied the veteran's claims for increased ratings for his lumbosacral strain and bladder cancer, as well as service connection for lung cancer. The decision found that the evidence did not support a higher rating for the lumbosacral strain or bladder cancer, and there was no current lung cancer disability.

The Board has determined that the veteran's cervical spine disorder and headaches were not incurred in or aggravated by active service.

The Board denied the veteran's claims for higher ratings for his service-connected right 5th metacarpal joint, left knee injury, and lumbosacral strain disabilities.