Back / lumbar spine decisions — 2001

The Board finds that the preponderance of the evidence is against the veteran's claim for a compensable rating for bilateral hearing loss disability. The issue at hand is increased rating beyond 40 percent for service-connected chronic low back pain with retrolisthesis L5-S1.

The veteran's low back disability is currently rated at 40 percent, and the Board has granted an increased rating. However, he remains unable to secure or follow a substantially gainful occupation due to his service-connected disabilities.

The Board has reopened the claim of service connection for a back disorder due to new and material evidence submitted, including a clinical record from April 1968 and a chiropractor's opinion linking current degenerative disc disease at L5-S1 to an old sprain injury sustained in service. The claim is now on its merits.

The Board has granted a 60% disability evaluation for L5 - S1 degenerative disc disease effective from April 17, 2000. The veteran's claim was received on that date.

The Board denied service connection for hernia, degenerative disc disease of the lumbar and cervical spines, residuals of a left knee injury, and residuals of a right foot injury. The reasons given were that there was no evidence of preexisting conditions or aggravation during active duty.

The veteran's claim for a higher rating prior to June 10, 1998, was denied as the disability did not meet the criteria for a 50 percent rating.

The Board has remanded the case for additional development due to a lack of adequate examination and consideration of all applicable regulations.

The Board found no evidence of a current low back disorder and denied the veteran's claim for service connection.

The Board has determined that the veteran's bilateral knee condition, involving a tear of the anterior body of the lateral meniscus, was incurred during active military service. The initial evaluations for low back disability and pes planus will be remanded for further review.

The Board has reopened the veteran's claim of service connection for a low back disability due to new and material evidence. The case is remanded for further development, including a VA medical examination.

The Board denied the appellant's claim for basic eligibility for VA benefits, finding no new and material evidence to reopen his previously denied claim.

The veteran's service-connected chronic lumbosacral strain, spondylolysis of L-5, left degenerative disc disease at L4-5 and L5-S1 with old fracture of the right transverse process of L3 prevents him from securing and following a substantially gainful occupation.

The Board has determined that the veteran's low back disorder and eye disorder are not related to service, but has granted service connection for a low back disorder.

The Board has denied the veteran's claims of service connection for a left hip disorder and a back disorder as secondary to his service-connected left knee disability, finding that they were not well-grounded.

The veteran's claims for service connection and increased ratings were denied. The RO granted service connection for the right shoulder, left hand fracture, and knee/lumbar spine conditions but did not assign a rating or effective date.

The Board has denied the veteran's claim for an increased rating for his service-connected degenerative joint disease of the lumbosacral spine, finding that the current 40 percent rating adequately compensates him.

The veteran's claim for an earlier effective date prior to July 13, 1998, for a 60 percent evaluation of her service-connected lumbar paravertebral myositis with degenerative joint disease and radiculopathy was denied as there is no factual basis to support such a retroactive award.

The Board denied the veteran's claims for service connection for degenerative joint disease of the lumbar spine, tinnitus, and bilateral hearing loss. The conditions were found to be not incurred in or aggravated by service.

The veteran's claim for service connection for a low back disorder and skin disorder was granted, with an initial evaluation of 50 percent effective July 25, 1997. The RO is instructed to conduct further development as requested in the remand instructions.