Back / lumbar spine decisions — 2001

The Board has granted service connection for arthritis of the lumbar spine and a 50 percent rating for residuals of a fracture of a lumbar vertebra with arthritis, based on the evidence showing that these conditions are related to the veteran's service-connected disability. The increased rating is effective as of the date of the decision.

The veteran's claim for an increased rating for low back strain was denied due to failure to report for VA examinations.

The Board has granted service connection for the veteran's migraine headaches disorder, finding that there is a continuity of symptoms from service to the present. The low back disability claim remains pending and will be remanded for further development.

The veteran's appeal was denied for increased ratings for low back pain and bilateral knee disorders due to lack of timely filing of a substantive appeal. The RO assigned a 10 percent rating for mechanical low back pain effective June 13, 1996.

The Board denied the appellant's claims of entitlement to service connection for tinnitus, diabetes mellitus, and a low back injury. The decision found that new and material evidence had not been submitted to reopen the claim for a low back injury.

The Board has determined that new and material evidence has been submitted to reopen the veteran's claim of service connection for a low back disorder. The current medical evidence supports the assertion that the veteran's current back disorders are related to an injury sustained during active duty in 1941.

The Board has determined that the appellant's service-connected mechanical low back pain warrants a 10% disability rating since her separation from active military service.,Similarly, the residuals of a stress fracture of the left knee are rated at 10%, also since her separation from active military service.

The Board has determined that new and material evidence has been submitted to reopen the claims for service connection for cervical and lumbar spine disabilities. The appellant's statements regarding her injuries in service are considered significant enough to warrant a review of these claims.

The Board has remanded the case for further development to verify stressors and obtain additional medical records, including from VA facilities where the veteran received treatment. The goal is to determine if the veteran's current conditions are related to his military service.

The veteran's claim for service connection for gastric ulcers was denied as there is no evidence of a chronic condition in service or during the applicable presumption period. The claims for defective hearing and back disorder were not reopened due to lack of new and material evidence. The claim for an increased evaluation for appendectomy scar was also denied.

The Board has remanded the case due to new law requirements, including obtaining additional medical records and arranging for a VA examination.

The veteran's claim for payment of medical services due to a supraventricular tachycardiac event on October 25, 1998 is granted. The Board finds that the emergency room physician's opinion regarding the existence of a medical emergency outweighs the VA reviewing physician's retrospective determination.

The Board has determined that the veteran does not have left carpal tunnel syndrome and denied service connection for this condition. The issues of low back disability, left heel disability, and right carpal tunnel syndrome are still pending.

The Board denied the veteran's claims for service connection of a left shoulder disability and back condition, as well as evaluations for hearing loss, hemorrhoids, left ankle inversion residuals, and bilateral mandibular fracture residuals. The Board found that there was no evidence linking current disabilities to service.

The veteran is seeking service connection for PTSD and a back disability. The VA has remanded the case due to new laws requiring additional development of evidence.

The Board has granted a 40 percent rating for the veteran's low back disorder, effective from March 2000. The ratings for left and right knee disorders remain at 10 percent each.

The Board has granted the veteran's claims for service connection and assigned initial ratings for her lumbosacral strain, left foot plantar fasciitis, and left middle finger tendonitis. The initial rating of 10 percent for lumbosacral strain was increased to 20 percent effective from March 20, 1997.

The Board has denied the veteran's claims for service connection for a right leg disability, seizure disorder, and back disorder as not well grounded.

The Board has determined that new and material evidence has been submitted to reopen the claims for service connection for tinnitus, hearing loss, and a back disability. However, there is no competent medical evidence etiologically linking these conditions to military service or any inservice injury. The claim of PTSD was not supported by sufficient evidence in this decision.

The Board has determined that the veteran's chronic low back pain, bilateral hip pain, and right knee pain are not service-connected as manifestations of an undiagnosed illness due to his active duty in the Southwest Asia theater during the Persian Gulf War. The preponderance of evidence shows these conditions have been attributed to known clinical diagnoses.