Back / lumbar spine decisions — 2001

The Board found that the scar from the left lumbar sympathectomy does not meet the criteria for a compensable evaluation as it is well-healed and does not limit function.

The Board has determined that the veteran's service-connected lumbar muscle strain does not warrant a higher rating due to moderate limitation of motion, and thus denies an increased rating.

The veteran withdrew his appeals for both issues before the Board could make a decision. The case is dismissed without prejudice.

The veteran's appeal is denied for service connection of a pathological gambling disorder. His low back disorder, spurring L5, has been granted with a noncompensable rating effective December 23, 1997. The veteran's bilateral hallux valgus was also granted with noncompensable ratings effective the same date.

The veteran's lumbar spine disability was found to warrant a 40 percent evaluation effective from May 1993, and a 20 percent evaluation effective from January 30, 1996.

The veteran's appeal is being remanded for further development, including a VA examination to assess the current severity of his service-connected low back disability and whether there are any additional functional disabilities due to use.

The Board has reopened the veteran's claim of service connection for a back disability due to new and material evidence submitted since the last denial in 1977.

The Board denied the veteran's claims for service connection of headaches as secondary to his service-connected back disability and for an increased evaluation for his herniated disc at L4-L5 with spinal stenosis on an extraschedular basis.

The Board denied the appellant's claims for service connection due to the character of his discharge from March 7, 1987 to November 30, 1994.

The RO denied increased evaluations for the veteran's low back disorder and tears of both Achilles tendons, but granted a 10% evaluation for the low back disorder.

The Board denied the veteran's claims for compensation benefits under 38 U.S.C.A. § 1151 due to lack of well-groundedness, and also denied her service connection claim.

The veteran's claim for an earlier effective date for service connection for lumbosacral degenerative joint disease was denied as there is no evidence of a well-grounded claim prior to March 1997.

The Board found that a low back disability was not incurred in or aggravated by active service.

The veteran's claim for an increased evaluation for recurrent low back pain, status post L3-4 hemilaminectomy is being remanded due to the need for additional development of his medical records and a VA examination.

The VA denied the veteran's claims for increased ratings for his shell fragment wound of the right lumbar region and residuals of a wound to the right buttock, as these conditions do not warrant higher disability evaluations.

The Board denied the veteran's claims for service connection for PTSD and a lumbar spine disorder, as well as his claim for an increased evaluation for infectious hepatitis. The decision also dismissed his original evaluations for tinnitus, bilateral hearing loss, and residuals of a skin rash.

The Board granted a 60% rating for postoperative residuals of degenerative disc disease of the lumbar spine, L3-4, L4-5, L5-S1 with radiculopathy and a separate 10% rating for degenerative arthritis. The veteran's service-connected midline surgical scar over the lumbar spine was rated as noncompensable.

The veteran's cancer reoccurred on April 21, 1999 and the effective date for his increased evaluation cannot be earlier than that date.

The veteran's claim for service connection was received within one year of his discharge from active service, and the Board has determined that he is entitled to an effective date of November 1, 1998.

The Board has remanded the case to the RO for further development and readjudication, including consideration of specific provisions related to vocational rehabilitation training.