Back / lumbar spine decisions — 2001

The Board has granted an increased rating of 10% for the appellant's low back disability and a non-compensable evaluation for his right elbow disability, both effective from September 1, 2001.

The veteran's service-connected low back strain with lumbar myalgia is currently evaluated at 40 percent, the maximum schedular evaluation under Diagnostic Code 5295. The Board finds no evidence to support a higher rating.

The Board has denied the veteran's claim for service connection for a back disability, finding no evidence to support a service-connected relationship between his current condition and his period of active duty.

The veteran's service-connected disabilities, including left knee and hip pain, lumbar spine degenerative changes, and shortening of the left leg, have rendered him unable to secure or follow substantially gainful employment. The Board finds that he meets the criteria for a total disability rating based on individual unemployability.

The Board of Veterans' Appeals denied the veteran's claim for a permanent and total rating for nonservice-connected pension purposes, finding that his combined ratings did not meet the criteria for such a rating.

The Board denied service connection for traumatic arthritis of the lumbar and thoracic spine, but the Court remanded these issues to allow further development.

The veteran's service-connected disabilities, including total right knee replacement and chronic low back strain, are deemed to be so severe that they prevent him from securing and following substantially gainful employment.

The Board has granted service connection for the veteran's low back condition, finding that it is directly related to his active duty service.

The Board has determined that new and material evidence has not been submitted to reopen the claim of entitlement to service connection for a back disorder. The case is being remanded for further development and readjudication.

The Board denied an increased evaluation for the veteran's right knee disorder and service connection for a low back disorder. The RO evaluated the right knee disorder under Diagnostic Code 5257, resulting in a 10% rating.

The Board has denied the veteran's claims for service connection for peripheral neuropathy of the upper extremities and a compression fracture of the upper lumbar spine with lumbosacral strain, finding that there is no evidence linking these conditions to his military service or any service-connected disability.

The veteran is seeking an increased evaluation for his service-connected lumbosacral strain, which is currently rated at 10 percent. The VA has ordered a remand to schedule the veteran for a VA orthopedic examination and review of medical records to determine if his disability has worsened.

The Board is remanding the case to address whether new and material evidence has been submitted to reopen the claim for direct service connection for a lumbar spine disability. The issue of secondary service connection for a lumbar spine disability will be addressed as well.

The Board has determined that the veteran's low back disorder is related to service and granted her claim for service connection.

The Board has determined that the veteran's current low back disability is at least as likely as not incurred in service, and thus grants service connection for this condition.

The Board has determined that the veteran's service-connected cervical spine disability does not warrant a rating in excess of 40 percent, and his right shoulder injury is currently rated at 20 percent. The claims are denied.

The Board denied service connection for chronic urinary tract infection, residuals of muscle injuries to include the arms, legs, back, and ears, a back disability, and a testicular disorder. The Board also denied reopening claims for these conditions and an earlier effective date for bilateral inguinal hernias.

The veteran seeks a higher initial disability rating for his service-connected lumbosacral strain and degenerative disc disease, currently rated at 20 percent. The Board has determined that additional development is needed to determine the appropriate rating based on the severity of the veteran's symptoms.

The Board found that new and material evidence had not been submitted to reopen the claims for service connection for a back disability, residuals of a head concussion, and hearing loss due to treatment at a VA facility.,New and material evidence was submitted in support of the claim for compensation pursuant to 38 U.S.C.A. § 1151 for hearing loss.

The Board has granted a 40 percent evaluation for the veteran's lumbosacral strain with joint disease, which is the maximum rating available under Diagnostic Codes 5295 and 5292.