Back / lumbar spine decisions — 2001

The Board has determined that new and material evidence has not been submitted to reopen the claim of service connection for a back disability, thus denying the reopening of the claim.

The Board has determined that the veteran's residuals of a laminectomy of the lumbar spine at L4-5 are related to his active military service and granted service connection for this condition.

The Board denied the veteran's claims for evaluations in excess of 40 percent for chronic low back syndrome and 10 percent for a pain disorder, finding that the schedular criteria did not meet the requirements for these increased ratings.

The veteran's claim for an increased rating for his service-connected lumbosacral strain and degenerative disc disease is being remanded due to inadequate VA examination reports. The RO must ensure that the examinations are in compliance with the directives of this remand.

The veteran's claims for service connection and increased ratings were denied as not well grounded. The RO certified these issues to the Board, which is now remanding them for further development.

The veteran's claim for service connection for a low back disorder and left knee disorder was denied. His claim for an increased evaluation for his left elbow fracture with post-traumatic arthritis was granted, with the effective date set at January 23, 1996.

The Board has remanded the case for additional development and readjudication on the merits due to new evidence and changes in regulations.

The Board denied the veteran's claim for an increased rating of his service-connected low back disability, finding that the evidence did not support a higher rating than the current 30 percent.

The Board denied service connection for headaches, granted service connection for a low back disability with a 10 percent rating, right hip disability with a 10 percent rating, and right knee disability with a 10 percent rating. The veteran's claim for compensable initial ratings for decreased visual acuity and dry eye on the right was not addressed in this decision.

The Board found that the veteran's lumbar spinal stenosis L4-L5 with foraminal stenosis is manifested by severe limitation of motion, lumbar strain, or intervertebral disc syndrome. The criteria for an initial evaluation in excess of 40 percent have not been met.

The Board has denied the veteran's claims for service connection for a low back condition, left ear otitis, and bilateral hearing loss due to lack of evidence linking these conditions to his military service.

The Board denied the veteran's claim for an earlier effective date prior to April 7, 1997, for the grant of service connection for lumbar disc disease, status post diskectomy and fusion. The RO was also remanded to consider a higher evaluation for the service-connected condition.

The Board has denied the veteran's claim for service connection for a low back disorder, finding that there is no evidence of a service-connected injury or condition. The VA also found insufficient medical records to support the claim.

The Board has reopened the veteran's claims for service connection for a back condition and Bell's palsy, finding that new and material evidence has been submitted. The Board determined that these conditions were incurred in service.

The Board granted service connection for a lower back disability secondary to service-connected disabilities of the knees and right ankle. The other issues on appeal were denied.

The Board has granted a 60 percent evaluation for the veteran's residuals of a lumbar spine injury, finding that it more closely approximates pronounced intervertebral disc syndrome.

The veteran's service-connected disabilities warrant a 100 percent schedular evaluation, which is the highest available under the applicable rating criteria.

The veteran's appeal is being remanded for additional development due to new evidence submitted and the need to comply with the Veterans Claims Assistance Act of 2000.

The Board has denied the veteran's claims for service connection for a low back disorder and a deviated nasal septum, finding that there is no evidence of chronic disability during or within one year after service discharge.

The Board has denied the veteran's claims for an increased evaluation for his right ankle disability and service connection for a herniated disc, finding that there was insufficient evidence to support these claims.