Back / lumbar spine decisions — 2001

The veteran's claims for increased evaluations for her service-connected temporomandibular joint sprain and low back sprain were denied by the RO. The Board has remanded the case to ensure that all relevant evidence is obtained and considered.

The VA denied the veteran's claim for a temporary total evaluation due to treatment of his service-connected lumbar spine disability, as there was no evidence of surgical procedures or hospitalization exceeding 21 days.

The Board denied the appellant's claims of service connection for back injuries and degenerative changes of the cervical spine due to lack of verified active duty, inactive duty training, or active duty for training during April 1977. The additional evidence submitted does not provide a more complete picture of the circumstances surrounding the appellant's attendance at National Guard training in April 1977.

The case is being remanded for additional development to comply with the Veterans Claims Assistance Act of 2000 (VCAA).

The VA has determined that the veteran's lumbosacral strain does not warrant an increased evaluation beyond the current 20 percent rating.

The Board has determined that the appellant submitted new and material evidence subsequent to the December 1981 Board decision, which allowed for reopening of his claim. The Board concluded that the April 1989 denial was not correct in applying the statutory and regulatory provisions at that time, committing clear and unmistakable error by not reopening the claim.

The Board found that the decision of May 7, 1985, which terminated a total disability rating based on individual unemployability was not in accordance with the existing law and regulations because the RO failed to apply the 'clear and convincing evidence' standard of proof.

The veteran's claims for service connection were denied as his conditions did not result from disease or injury in service, and the evidence submitted since the 1994 denial was not new and material.

The veteran's service-connected lumbosacral strain and pulmonary tuberculosis (PTB) and bronchiectasis have not met the criteria for higher ratings. The RO found that his conditions do not warrant a rating in excess of the current assigned percentages.

The Board has remanded the case due to insufficient evidence regarding the severity and etiology of the veteran's service-connected low back disorder, including whether any current lumbar spinal abnormalities are related to military service or the service-connected condition.

The veteran's low back disability is rated at 60 percent, effective June 2, 1992. The left little finger disability remains noncompensably disabling. Neurogenic bladder has been rated as 40 percent disabling since February 17, 1994. The residuals of in-service rib injury and head injury are each rated at 30 percent disabling. PTSD is rated at 30 percent disabling effective June 2, 1992. The veteran's bowel disability remains noncompensably disabling.

The veteran's conditions do not meet the criteria for special monthly pension based on need for aid and attendance prior to August 27, 1998.

The Board has determined that the April 1989 decision was clearly and unmistakably erroneous in not reopening the appellant's claim, thus vacating the June 1994 Board decision.

The Board found no evidence of a back disorder during the appellant's ACDUTRA and concluded that his current back disorder is not related to service.

The Board has determined that the effective date for the award of nonservice-connected disability pension benefits should be July 31, 1997, and the effective date for the commencement of payment is August 1, 1997.

The Board denied service connection for various conditions, including a left foot and/or ankle disorder, low back disorder, skin disorders of the feet, bronchitis, and sinusitis. The veteran's pre-service fracture was not considered to have increased in severity during service.

The veteran's low back disability, including arthritis and degenerative disc disease, has been manifested by no more than severe limitation of motion, severe intervertebral disc syndrome, and severe lumbosacral strain. The condition is not manifested by pronounced intervertebral disc syndrome.

The veteran's claims for increased ratings for his service-connected disabilities were denied. The RO affirmed the determinations previously entered and granted entitlement to an increased (compensable) evaluation of 10 percent for a SFW scar of the right hand.

The Board has determined that the veteran currently has right knee and right ankle strain, which were incurred in service. The claim for left ankle strain is remanded. Post-traumatic headaches are also granted. Service connection for lumbosacral strain was not established.

The Board denied reopening the veteran's claims for service connection for low back disability and cervical spine disability due to lack of new and material evidence.