Back / lumbar spine decisions — 2001

The Board found that the interruption of vocational rehabilitation benefits was proper, but the discontinuance of these benefits was not. The veteran's case was placed in 'interrupted status' and then later in 'discontinued status'.

The Board has granted service connection for a low back disability and assigned an initial rating of 10 percent. The veteran is seeking an increased rating.

The Board found that the veteran's pre-existing low back disability existed before service and was not aggravated during active military service. The psychiatric disability claim lacks legal merit as there is no evidence of a psychosis within one year after service or a nexus to any incident of active duty.

The Board has determined that new and material evidence has not been submitted to reopen the veteran's claim for service connection for a back disorder. The case will be remanded for further development.

The Board has determined that the veteran's service connection claim for a low back disability is granted, as her current low back problems are considered to be related to her military service.

The Board has determined that new and material evidence has been submitted to reopen the claim for service connection for a back condition, but it is unclear whether the current disability is related to service or post-service injuries.

The Board has reopened the veteran's claim for service connection for a back disorder and is now considering whether new evidence supports this reopening.

The Board denied the appellant's request for waiver of overpayment of VA benefits due to his fault in creating the debt, and found that repayment would not be against equity and good conscience.

The appeal has been dismissed as the benefit sought on appeal (reopening of a claim for service connection for a psychiatric disorder) has already been granted.

The veteran's service-connected disabilities do not render him unemployable as he is able to engage in substantially gainful employment.

The Board has reopened the claim for service connection for a back disability and granted an increased evaluation of 50 percent for PTSD prior to July 10, 1997. The effective date for service connection for tinnitus is set at January 20, 1999.

The veteran's claim for an earlier effective date for additional compensation based on dependency of a spouse and children is denied. The effective date for the award of additional compensation for the veteran's spouse was May 1, 1997.

The Board granted an increased evaluation of 40 percent for lumbosacral strain with history of lumbar stenosis, degenerative disc disease, degenerative joint disease, postoperative laminectomy, medial facetectomy, foraminotomy, fusion, BAK implants, and postoperative pain with bilateral radiculopathy. The veteran's combined evaluation is 50 percent due to his service-connected disabilities.

The Board has determined that the veteran's claims for service connection for a back disability and a right ankle disability are granted.

The Board has determined that the veteran does not have current chronic disabilities of the low back, penis, right knee or left knee. The claim for a higher rating for right corneal abrasion is also denied.

The Board denied the veteran's claims for service connection on multiple issues, finding that new and material evidence was not presented to reopen any of these claims.

The Board has determined that additional development is needed to determine the nature and etiology of the veteran's cervical spine injuries, including whether they are related to service. The case will be returned for further action.

The Board granted service connection for the veteran's right shoulder disorder, low back disorder, and degenerative disk disease of the cervical spine. The claims for hearing loss, chronic pain syndrome, sinusitis, tinnitus, hemorrhoids, and a right foot disorder were denied.

The veteran withdrew his claims for service connection for low back and left knee disorders, and the appeal as to an increased rating for PTSD is dismissed due to the grant of a 100 percent schedular rating.

The Board has granted a higher rating of 50 percent for the appellant's service-connected residuals of a comminuted fracture of the first lumbar vertebra, based on severe limitation of motion with demonstrable vertebral body deformity. The head trauma issue remains at its current 10 percent rating.