Back / lumbar spine decisions — 2001

The veteran's fatal diabetes was incurred during his active duty and is considered service-connected. The cause of death, therefore, meets the criteria for DIC based on service connection for the cause of the veteran's death.

The Board has determined that the veteran's lower back disability warrants a 40 percent evaluation, which is the highest rating available under VA's musculoskeletal rating criteria.

The Board has not determined whether new and material evidence was received to reopen claims for service connection for PTSD, cancer of the bladder, low back disability, left knee disability secondary to right knee disability, or arthritis of both hands. The veteran's claim for an increased rating for residuals of a right knee meniscectomy remains pending.

The Board found that the veteran's claimed conditions were not incurred in or related to his active service.

The Board has found that new and material evidence has been submitted to reopen the veteran's claim for service connection for a low back condition, which was previously denied in July 1955. The claim is now reopened.

The Board has remanded the veteran's claims for service connection for disabilities of the left leg and low back to allow for additional development, including scheduling a personal hearing at the RO before a member of the Board.

The Board has remanded the issues of service connection for various claimed disabilities due to insufficient evidence or further development is needed.

The veteran's claim for an increased disability rating for his service-connected chronic low back pain with radicular pain, status post diskectomy and laminectomy is granted, as he currently has a 40 percent disability rating.

The veteran's right leg disorder and low back disorder are service-connected due to aggravation of pre-existing conditions. The skull injury claim is denied.

The Board denied the veteran's claims for increased ratings for right ear hearing loss, left knee disability, and low back sprain. The RO had previously granted service connection for these conditions but did not find them related to active duty.

The veteran was granted a TDIU rating with an effective date of February 6, 1997. He appealed for an earlier effective date.

The Board has remanded the case for additional development due to changes in the law, including compliance with the Veterans Claims Assistance Act of 2000 (VCAA). The veteran's claims are related to service connection and new evidence.

The veteran's claim for an increased evaluation for residuals of a lumbosacral injury was denied by the RO. The Board noted that additional development is needed, including obtaining medical records and scheduling a VA examination.

The Board has granted an effective date of March 5, 1998 for a 60 percent rating for the veteran's low back disability. The issue of entitlement to higher initial ratings for residuals of an injury of the lumbosacral spine and a compensable initial rating for residuals of excision of a right ankle mass remains on appeal.

The Board found new and material evidence to reopen the claim of service connection for a back disorder, but did not reach a decision on whether it was related to service.

The Board denied the veteran's claims for service connection for ankylosing spondylitis and a neuropsychiatric disorder secondary to her service-connected low back syndrome, as well as her request for an increased evaluation for her low back disability.

The veteran's claims for increased evaluations for his service-connected degenerative joint and disc disease of the lumbosacral spine and cervical spine are being remanded to allow for further development, including a VA examination.

The Board denied the veteran's claim for service connection for a back disability, finding that there was no evidence of a nexus between his current back condition and his military service.

The Board found no evidence of chronic low back disorder or headaches in service, and the veteran's current conditions are not related to his military service. The claims for service connection were denied.

The Board has remanded the case due to insufficient reasons and bases in finding that a chronic back disorder was not incurred or aggravated in service. The veteran's claim of service connection for a back disorder is now pending with the RO for further development.