Back / lumbar spine decisions — 2000

The Board denied the veteran's claim for a disability evaluation in excess of 20 percent for service-connected musculoskeletal low back strain.

The Board found no evidence of a connection between the veteran's current disabilities and his military service, including any injury sustained in 1945.

The veteran is seeking service connection for a low back disability. The Board has determined that further development, including obtaining medical records and scheduling an examination, is necessary before the claim can be decided.

The Board found that new and material evidence had not been submitted to reopen the claim for service connection for a back disorder. The decision is mixed as some issues are granted while others are denied.

The veteran's service-connected disabilities did not render him unemployable prior to August 23, 1996. His TDIU was granted effective from that date.

The Board has determined that the veteran's lumbar spine and cervical spine disabilities are not related to his military service, including any exposure to cold or a fall during service. The preponderance of evidence does not support the claim for service connection.

The Board found that the veteran's service-connected disabilities do not preclude him from obtaining or retaining substantially gainful employment.

The Board denied the veteran's claims for increased ratings for his low back pain with degenerative disc disease and bilateral hearing loss, finding that the schedular criteria did not meet the requirements for an evaluation in excess of 40 percent for low back pain.

The veteran's claims of service connection for PTSD and thoracic and lumbar spine scoliosis, as well as his claim for a permanent and total disability rating for pension purposes, were denied by the RO.

The veteran's claim for an increased rating for his service-connected lumbar spine arthritis is being remanded due to the need for additional development, including VA examinations and clarification of neurologic symptoms.

The Board has granted the veteran's claims of entitlement to service connection for a lumbar spine disorder and depression, with a 10 percent evaluation assigned.

The veteran's mechanical low back pain with osteoarthritic changes and paresthesias of the left lateral foot were evaluated. The RO granted service connection for these conditions, assigned a 20 percent evaluation for the low back pain prior to May 15, 1998, and increased it to 40 percent effective from that date. The veteran's paresthesias of the left lateral foot are currently rated as noncompensable.

The Board denied the veteran's claims for increased rating of cervical spine condition and service connection for residuals of right ankle sprain, right shoulder strain, left wrist injury, sinusitis/myalgia, and spinal tap. The veteran appealed these decisions.

The Board has determined that the veteran does not have any of the claimed conditions due to service, and thus denied all claims for service connection.

The veteran's service-connected disabilities do not prevent him from obtaining and maintaining substantially gainful employment.

The Board has determined that new and material evidence has not been submitted to reopen the claims for service connection for residuals of rib fractures, right kidney disorder, and low back disorder. The original denials were based on lack of evidence at the time.

The veteran's service-connected disabilities had increased to warrant a TDIU as of October 29, 1996. The effective date for the grant of entitlement to TDIU is set at this date.

The Board has denied the veteran's claims for an increased rating for bilateral hearing loss and has determined that new and material evidence was not submitted to reopen his claim for service connection of a back disorder.

The Board has reopened the veteran's claim of service connection for a back disability due to new and material evidence submitted since April 1997. The case is now remanded for further development, including a VA examination.

The Board denied the veteran's claim for an effective date earlier than March 18, 1999 for his nonservice-connected disability pension benefits. The evidence showed that entitlement to these benefits arose on or after March 18, 1999.