Back / lumbar spine decisions — 2001

The Board denied the veteran's claims of entitlement to service connection for the residuals of a fracture of the right tibia and fibula, and to entitlement to service connection for a back disability described as postoperative residuals of herniated nucleus pulposus and degenerative changes involving the spine. The evidence submitted since the 1987 decision is not new or material.

The veteran's claim for an increased rating for his service-connected low back disorder is being remanded to the RO for further development, including obtaining recent treatment records and scheduling a VA examination.

The Board has previously denied the veteran's claim for service connection of a back disability. The Court has now vacated and remanded this decision due to the failure to obtain statements from private physicians who concluded that his back condition was service-connected.

The Board has determined that the veteran's current conditions, including arthritis of the lumbar spine, arthritis of the left knee, and left shoulder impingement syndrome, are related to his military service. The decision grants service connection for these disabilities.

The Board denied the veteran's request to reopen his claim for service connection of a back disorder, finding no new and material evidence presented.

The Board has reopened the veteran's claim of service connection for degenerative arthritis of the hands, knees, and spine due to new evidence submitted. The case is being remanded for further development including obtaining treatment records from Dr. Durham and scheduling a VA examination.

The Board denied the veteran's claim for an effective date prior to December 2, 1997 for the grant of service connection for recurrent lumbar strain. The decision is based on the fact that no earlier informal or formal claim was received before this date.

The Board found that the veteran's compensation benefits were properly suspended due to his failure to report for a VA review examination, and thus denied reinstatement of benefits for the period from May 1, 1992 to January 31, 1994.

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

The Board has denied the veteran's claims for service connection for low back injury, shoulder injury, head injury, and hypertension with cerebrovascular accident residuals. The Board found that there was no evidence of infectious mononucleosis in service or any other condition related to service.

The veteran's service-connected degenerative disc disease of the lumbosacral spine is rated at 40 percent, reflecting severe impairment.

The Board has remanded the case due to incomplete medical records and the need for additional development, including a VA examination.

The veteran's disabilities do not prevent him from engaging in substantially gainful employment, and he is employed as a lab director at a water treatment plant. Therefore, his claim for a permanent and total disability rating for pension purposes is denied.

The Board has denied the veteran's claim for a higher rating for his service-connected mechanical low back pain syndrome, finding that the disability does not meet the criteria for a higher evaluation.

The veteran's service-connected cervical and lumbar spine disabilities have been rated as noncompensable, with no evidence of higher ratings due to additional disability or symptomatology.

The Board denied the veteran's claims for service connection due to lack of new and material evidence, as well as his claim for a low back disorder.

The Board has determined that the veteran's service-connected low back disorder warrants a 60 percent disability rating, which is the maximum schedular rating available under VA regulations.

The Board has determined that the veteran is unemployable due to multiple disabilities, including chronic lumbar syndrome and degenerative joint disease. The evidence shows he suffers from a combination of conditions that prevent him from engaging in substantially gainful employment.

The Board has reopened the veteran's claims for service connection for Meniere's disease and a back disorder, finding that new evidence supports these claims. The veteran's symptoms of dizziness, ear pain, and hearing loss during service are considered to be manifestations of his later diagnosed Meniere's disease. For the back disorder, the Board found that the veteran incurred injury in service resulting in lumbosacral strain.

The Board found that the veteran's residuals of a lumbar laminectomy are not etiologically related to his service-connected lumbosacral strain and denied both claims for secondary service connection and increased rating.