Back / lumbar spine decisions — 2000

The veteran's appeal for higher initial ratings for his service-connected low back disorder and left toe with calf atrophy, effective in September 1991, has been denied. The case is remanded for further development.

The veteran's service-connected low back disability is currently rated at 40 percent, and the appeal for an increased rating has been granted.

The Board denied the veteran's claims for a certificate of eligibility for assistance in acquiring an automobile or other conveyance and specially adaptive equipment, as well as financial assistance in purchasing special adaptive housing. The appeals were dismissed due to the Court's remand order.

The Board has remanded the case for further development due to issues related to service connection for post-traumatic stress disorder, head injuries, and a low back disorder. The appeal is not about service connection via the PACT Act or other presumptive conditions.

The veteran's claim for a higher rating for his lower back condition was denied. The RO found that the disability picture more nearly approximates the criteria required for a 40 percent rating under DC 5295 than a 20 percent rating.

The Board denied an increased evaluation for lumbosacral strain, currently rated at 20 percent.

The Board has remanded the case due to the veteran not reporting for VA examinations and the confusion about his mailing address. The veteran is required to provide updated information on any treatment received, including from non-VA providers.

The Board denied service connection for PTSD and a low back disability, but granted an increased rating for bilateral hearing loss.

The Board has determined that additional development is needed in order to properly adjudicate the appellant's claims, including obtaining an opinion regarding whether any of the veteran's service-connected disabilities caused or contributed substantially or materially to his death.

The Board finds that the evidence is in equipoise on whether the veteran's low back disability is related to his service-connected left ankle disability. Service connection for a low back disability as secondary to the service-connected residuals of gunshot wounds, left ankle, is established.

The Board has granted a 10 percent rating for lumbosacral strain, which is the maximum schedular evaluation available.

The veteran's claim for service connection for a back disability is being remanded due to the need for additional medical records and an examination.

The Board of Veterans' Appeals denied the veteran's claim for service connection for a back disorder, finding that there was no evidence to support his contention that he developed this condition during or as a result of military service.

The veteran's claims for service connection for tinnitus and arthritis of the lumbar spine are being remanded due to a need for additional development, including obtaining medical records and providing VA examinations.

The Board has granted service connection for the veteran's low back disability as secondary to his service-connected left ankle disability. The increased evaluations for migraine headaches and sinusitis remain unchanged.

The Board denied the veteran's claim for a rating in excess of 20 percent for back strain with degenerative changes of the lumbosacral spine, finding that the evidence did not meet the criteria for higher ratings under relevant diagnostic codes.

The Board dismissed the claims of entitlement to service connection for a back disability and for skin cancer and a rash on the feet due to lack of timely appeal. The claim for PTSD was denied as there is no current diagnosis in accordance with DSM-IV.

The Board found that the veteran's lumbosacral strain disability warranted a 40 percent rating, but denied service connection for his right hip disability. The RO has not yet considered whether additional notification or development is required under the Veterans Claims Assistance Act of 2000.

The Board of Veterans' Appeals denied the veteran's claim for service connection for a back disability, finding that it was secondary to his service-connected ilioinguinal/femoral nerve problems. The appeal is not about service connection at all.

The Board denied the reopening of the claim for service connection for a back disability due to lack of new and material evidence.