Back / lumbar spine decisions — 2001

The Board denied the veteran's claims of clear and unmistakable error in both July 1975 and July 1996 decisions. The Court affirmed the July 1996 decision, finding no CUE.

The Board granted the veteran a total rating for compensation purposes by reason of individual unemployability, effective from March 27, 1998.

The veteran is seeking a higher initial evaluation for his service-connected lower back condition, which has been rated as noncompensable. The Board has determined that additional development is needed to assess the current severity of the disability and determine if a compensable rating should be assigned.

The Board has determined that the residuals of the compression fracture of T-12 are proximately due to or the result of the service-connected right knee disability.

Your claim for service connection for a back disability is being remanded to the RO for scheduling a Travel Board hearing. You do not need to take any further action unless otherwise informed.

The veteran's bilateral knee disorder and low back disorder are not service-connected. The decision does not address PTSD.

The Board found that the veteran's service-connected conditions did not cause or contribute to his death, and there was no evidence of VA medical care contributing to his death.

The Board denied the veteran's claims for service connection for cervical, thoracic, and lumbar spine disabilities. The claim for an earlier effective date for a right shoulder disability was also denied.

The Board has determined that the veteran's service-connected PTSD warrants a 50 percent rating, reflecting occupational and social impairment with reduced reliability and productivity.

The Board has denied the veteran's claim for service connection for a back disability, finding that there is no evidence to support her allegation of an in-service injury and insufficient medical records to establish a current disability.

The Board has remanded the case for additional development due to a lack of recent medical records and examinations related to the veteran's service-connected conditions.

The Board has reopened the claim and is now considering whether service connection for a low back disability can be established.

The Board has determined that new and material evidence has not been submitted to reopen the claim of entitlement to service connection for a low back disorder.

The Board determined that the veteran's lumbar spine injury and head injuries are service-connected, with the lumbar spine injury being attributed to active service while the head injuries were not.

The Board finds that the appellant's lumbar spine injury did not worsen during his ACDUTRA service in 1994, and therefore does not meet the criteria for aggravation of a pre-existing condition.

The veteran's claim for an evaluation in excess of 10 percent for a lumbar strain was denied. The current rating is 10 percent, effective February 19, 1999.

The Board has determined that the veteran's service-connected bilateral hearing loss does not warrant an increased rating.

The Board has determined that the veteran's cervical spine disability warrants a rating of 20 percent, and her lumbosacral strain disability warrants an increased rating to 20 percent. The reduction in the lumbosacral strain rating from 20% to 10% was proper.

The Board has determined that the veteran's disabilities have rendered him unable to independently perform daily functions of self-care or protect himself from hazards and dangers, warranting special monthly pension based on need for aid and attendance.

The Board granted a 40% evaluation for the veteran's lumbosacral strain, finding severe limitation of motion. The left ankle sprain was rated at 10%. No new evidence or reopening of claims were involved.