Back / lumbar spine decisions — 2000

The Board found that new and material evidence had not been submitted to reopen the veteran's claims for service connection for bilateral foot disability and back disability. The additional evidence received since the February 1997 rating determination was deemed insufficient to change this decision.

The VA denied a claim for an increased disability rating for the veteran's service-connected low back disorder, finding that the evidence did not show any significant impairment warranting a higher rating.

The veteran's claims for service connection are being remanded due to the need for a video conference hearing. The issues of whether new and material evidence has been presented to reopen his skin disorder and psychiatric disorder claims have also been referred back to the RO.

The Board has granted a 60 percent evaluation for lumbosacral strain with degenerative disc disease, the maximum available under Diagnostic Code 5293.

The veteran's lumbosacral strain with spondylolisthesis, right knee injury, degenerative arthritis of the right knee, and left shoulder injury are all rated at their highest possible levels. The scar of the right lower leg is also rated appropriately.

The Board dismissed the appeal as the veteran did not file a timely notice of disagreement with the May 1997 rating decision denying service connection for hypertension secondary to pneumoconiosis.

The Board of Veterans' Appeals (Board) has decided that the veteran's claim for service connection for a low back disability was denied. The decision is based on conflicting information provided by the veteran and his representative, as well as missing medical records.

The Board has determined that additional development is needed to ensure compliance with the Veterans Claims Assistance Act of 2000 and other relevant laws, regulations, and guidance. The RO must obtain all pertinent medical records, including those from VA and non-VA providers, and afford the veteran comprehensive examinations to determine the nature and severity of his service-connected disabilities.

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 case is now remanded for further development.

The Board denied the veteran's claims of service connection for a donated left kidney, low back pain (claimed as arthritis), bilateral foot pain, right ankle pain, and high cholesterol. The evidence did not show that the veteran had any current disabilities related to these conditions.

The veteran's claim for an increased rating for his low back disability, to include a compensable rating prior to August 15, 1997, was granted. He is now receiving a 40% rating effective from August 15, 1997.

The Board denied the veteran's claim of service connection for a back disability, finding that new and material evidence had not been submitted to reopen the claim.

The Board denied the veteran's claim for an evaluation in excess of 10 percent for chronic lumbar strain and found that new and material evidence had not been submitted to reopen his PTSD service connection claim.

The Board has determined that the veteran's degenerative nucleus pulposus of the lumbosacral spine warrants a 40 percent evaluation, effective from May 10, 1991.

The Board denied service connection for asthma and a compensable evaluation for post-operative right cheek cyst removal, but granted an evaluation in excess of 10 percent for the veteran's lumbar spine disability. The decision also noted that the veteran did not have current asthma.

The Board found that the veteran's right knee disability warranted a 10 percent rating under DC 5257, but denied an increased rating for his lumbosacral strain.

The veteran's appeal is being remanded due to the need for additional development under the Veterans Claims Assistance Act of 2000.

The Board denied the veteran's claims for service connection and increased evaluations, finding no evidence of current disabilities that meet VA standards for recognition as a disability.

The veteran's claim for an increased rating for his service-connected low back disability is being remanded due to the need for additional examinations and development of medical records.

The Board has denied reopening the claims for service connection for back and left shoulder disorders, but granted an increased rating of 10% for nasal fracture. The claim for right fifth finger fracture residuals remains unresolved.