Back / lumbar spine decisions — 2000

The case is being remanded for additional development, including a comprehensive VA orthopedic examination and review of the veteran's medical records.

The Board denied the appellant's claims for increased ratings and service connection, as well as his claim for benefits under 38 U.S.C.A. § 1151 due to complications from spinal anesthesia in July 1994.

The veteran's claims for increased ratings and service connection were denied. The veteran was granted service connection for certain conditions but not all, and the RO assigned appropriate disability ratings.

The Board of Veterans' Appeals has dismissed the motion seeking review for clear and unmistakable error in an August 1997 decision regarding service connection, increased rating, and total unemployability benefits.

The Board denied the veteran's claim of service connection for a low back disorder, finding that there was no competent medical evidence linking his current condition to service.

The Board found that the veteran's claims for service connection for scoliosis and a back disability other than scoliosis are not well grounded. The evidence did not show current disabilities or a link to service.

The veteran's service-connected conditions, including diabetes mellitus and sarcoidosis, are rated at noncompensable levels. The combined disability rating is 60 percent, which does not meet the criteria for a permanent and total disability rating for pension purposes.

The veteran's appeals on the issues of whether an October 1984 rating decision denying service connection for back disability was clearly and unmistakably erroneous, whether new and material evidence had been received to reopen a claim for service connection for back disability, and entitlement to special monthly pension have all been dismissed due to his death.

The Board has determined that new and material evidence has been submitted to reopen the claim of entitlement to service connection for a chronic acquired back disorder.

The Board has remanded the case for further development and consideration of new diagnoses, including post-service diagnoses of depression and anxiety. The issues are whether new and material evidence has been presented to reopen claims for service connection for post-traumatic stress disorder and a low back condition.

The Board has determined that the veteran's claims for service connection for a right knee disorder, gastroenteritis, rhinorrhea, and sinusitis are not well grounded. The claim of entitlement to reopen a low back disorder is denied as new and material evidence was not presented.

The Board denied an earlier effective date for a 40 percent disability evaluation for lumbosacral strain, finding that the criteria were not met prior to May 28, 1999.

The Board found no competent medical evidence of a current low back disorder and denied the claim for service connection.

The Board denied service connection for chronic lumbosacral strain and ulcer disorder in August 1997. The veteran appealed, and the Court ordered a remand of the lumbosacral strain claim. In February 2000, the RO granted service connection for chronic lumbar strain with degenerative disc disease at L4-L5 and L5-S1, with a 20% rating effective December 17, 1993. The attorney is eligible to receive 20% of past-due benefits awarded to the veteran from December 17, 1993 to February 29, 2000.

The veteran's disabilities do not meet the criteria for a permanent and total disability rating for pension purposes.

The Board found that the veteran's claims of service connection for various disabilities, including a back disability and throat cancer, were not well-grounded. The evidence did not support a finding of chronicity or aggravation in service.

The veteran withdrew his appeal, leaving no justiciable case or controversy for the Board to consider.

The Board found that the appellant's lumbar, cervical, and dorsal spine disorders were not incurred in service or as a result of his service-connected bilateral knee synovitis.

The Board denied the veteran's claims for an initial rating in excess of 10 percent and an increased rating for his service-connected chronic lumbosacral strain, finding that the evidence did not support ratings higher than those assigned.

The Board denied the veteran's claim for an evaluation in excess of 10 percent for his service-connected lumbosacral strain, finding that the disability has been manifested by tenderness and mild limitation of motion without more significant pathology.