Back / lumbar spine decisions — 2001

The Board has remanded the case to ensure full compliance with due process requirements and for a new videoconference hearing. The veteran's claims of service connection for a cervical spine disorder and an evaluation higher than 40 percent for a low back disorder are pending.

The Board found that the veteran's back disability, diagnosed as chronic low back pain, was incurred in service and granted service connection for this condition. The claim for pseudofolliculitis barbae (PFB) is pending due to lack of VA examination completion.

The Board has determined that new and material evidence has been submitted to reopen the veteran's claim for service connection for a lower back condition. The Board also found that there is sufficient medical evidence linking the current lower back disability to the veteran's military service, warranting service connection.

The Board has determined that the veteran's psychiatric disability is more than likely secondary to his service-connected low back disability and grants this claim.

The Board has reopened the veteran's claim for service connection for a back disability due to new and material evidence submitted since the January 1949 rating decision. The Board will now review whether there is sufficient evidence to establish that the current back disability is related to military service.

The veteran's attorney is eligible for payment of a 20% contingency fee from past-due benefits due to the grant of an increased initial evaluation and TDIU based on secondary service connection for his low back disorder.

The Board has reopened the veteran's claim for service connection for a low back disability due to new and material evidence received since the January 1997 decision. The claim is now ready for further adjudication.

The Board has determined that the claim for service connection for degenerative disc disease of the cervical spine at C5-C6, claimed as nerve problems in the neck is denied due to lack of evidence establishing a link between the disability and service.

The veteran withdrew his appeal before the Board could make a decision.

The Board denied the veteran's claims for increased ratings on an extra-schedular basis and did not find evidence of a valid earlier effective date for TDIU.

The veteran's service-connected disabilities are of such an exceptional quality as to render her unable to obtain or follow a substantially gainful occupation.

The Board granted an increased evaluation for the veteran's service-connected lumbar disc disease to 60 percent and found that it is factually ascertainable that he became unemployable as of November 30, 1998, warranting a TDIU effective date.

The Board denied the veteran's claims for a compensable rating for residuals of a right hand injury and a rating in excess of 10 percent for chronic low back disorder with radiculopathy, finding that there was no evidence of disability warranting these ratings.

The Board denied the veteran's claims for increased ratings and service connection for bilateral pes planus, knee disorder, hip disorder, and back disorder. The evidence did not support a higher rating for the veteran's bilateral pes planus.

The Board denied reopening the claim of entitlement to service connection for lumbosacral strain due to lack of new and material evidence.

The Board denied service connection for glaucoma and a low back disability due to lack of well-grounded claims.

The Board denied an increased rating for the veteran's service-connected lumbar syndrome, finding that the evidence did not meet the criteria for a higher evaluation.

The Board has remanded both issues for additional development, including obtaining records from VA Medical Centers and scheduling a hearing. The appeal is now pending again.

The Board has determined that the veteran's degenerative joint disease of the low back warrants a 20 percent disability rating, effective from December 1999.

The Board has determined that the veteran's lumbosacral strain with central disc herniation at L5-S1 does not warrant an evaluation in excess of 20 percent.