Back / lumbar spine decisions — 2001

The veteran's claim for an increased initial disability evaluation for low back strain with radiculitis is being remanded due to the need for a thorough VA examination and consideration of his complaints of pain, functional loss, and employment impact.

The Board has determined that the veteran's service-connected lumbosacral strain with arthritis should be restored to a 40 percent evaluation from November 1, 1994 through June 29, 1997.

The Board found that the veteran's claim for a total disability rating based upon individual unemployability was not warranted earlier than March 7, 1995.

The veteran's service-connected left knee and lumbar spine disabilities have been increased to their maximum available ratings, with the left knee receiving a separate compensable evaluation for arthritis.

The veteran's degenerative disc disease of the lumbar spine is found to be related to an injury sustained during service, and thus service connection is granted.

The Board has determined that the veteran's claim for PTSD is more accurately characterized as a claim for an acquired psychiatric disorder, to include dysthymic disorder and PTSD. The claims of service connection for bilateral shin splints with bone deterioration, lower back condition, and bilateral arthritis of the knees were denied.

The Board has determined that additional development is needed to properly adjudicate the veteran's claims, including obtaining medical records and employment information.

The Board denied the veteran's claim for service connection for a low back disorder, including residuals of spinal meningitis. The evidence submitted since the last denial did not provide new and material evidence to reopen the claim.

The Board has found that new and material evidence was submitted to reopen the claim of service connection for a back disability. The claim is now being remanded due to recent legislation requiring additional development and readjudication.

The Board has ordered a remand to provide another orthopedic examination and clarify whether the veteran's low back disorder originated in service.

The Board determined there was new and material evidence to reopen the claims for service connection for a back disorder and residuals of frostbite of the feet, but denied both. The claim for higher rating for conversion disorder with back pain is still pending.

The veteran's tinnitus was granted service connection, but his cervical spine and low back disorders were denied. The right shoulder disorder claim is pending as new evidence has been submitted.

The veteran's appeals for increased ratings for lumbar disc disease and left shoulder separation were denied by the RO.

The Board has reopened the claim for service connection of cervical spine disability and granted it. The initial rating for low back pain remains unchanged, but the appeal regarding thoracic spine disability is still pending.

The Board has determined that the veteran's current low back and bilateral knee disorders are related to injuries sustained during service, including a jeep accident in Germany. The claim is granted.

The Board found that the veteran's current cervical and lumbar spine disorder is not medically shown to be the result of any incident of his active military service, thus denying his claim for service connection.

The Board has reopened the veteran's claims for low back disorder, bilateral ulnar nerve transposition, and right knee disability due to new evidence. The conditions are considered service-connected as direct results of injuries sustained during active duty training.

The Board granted an increased rating of 10 percent for the veteran's service-connected chronic low back pain but denied an evaluation in excess of 10 percent. The Court vacated this decision and remanded the case to the Board for further examination and consideration.

The VA denied the veteran's claim for a higher initial disability rating of 10 percent for lumbosacral strain with degenerative disc disease, finding that his symptoms were adequately addressed by the current 10 percent rating.

The Board has determined that the veteran's L5-S1 spondylolisthesis with chronic low back strain is service-connected. The claim of entitlement to service connection for a chronic gastrointestinal disorder remains pending.