Back / lumbar spine decisions — 2001

The Board dismissed the appeal regarding reopening of service connection for low back disability due to lack of timely substantive appeal. The claim for benefits under 38 U.S.C.A. § 1151 for right knee disability resulting from VA treatment in August 1995 was granted.

The Board has determined that the veteran's claims for PTSD and a permanent and total rating for pension purposes require additional development to verify specific in-service stressful events.

The Board denied the veteran's claim to reopen his service connection for lumbosacral strain, finding no new and material evidence had been presented.

The Board denied service connection for various disabilities, including a neck disability and pulmonary disability, as well as bilateral hip, ankle, shoulder, knee, and back disabilities. The decision found no evidence of these conditions during service or due to exposure to herbicide agents.

The Board denied service connection for low back disability, arthritis of the right hand, and arthritis of the left hand. The veteran's claims were not well grounded.

The Board found that the veteran did not have a current low back disability or psychiatric disorder to include PTSD, and thus denied both claims.

The veteran's ankylosing spondylitis of the lumbosacral spine is rated at 40 percent, and a higher rating is not warranted.,The veteran's ankylosing spondylitis of the cervical spine is rated at 40 percent, and a higher rating is not warranted.,The veteran's ankylosing spondylitis of the thoracic spine is rated at 20 percent, and a higher rating is not warranted.,The veteran's ankylosing spondylitis of temporomandibular joints is rated at 30 percent, which is already the maximum schedular rating available.

The Board determined that the veteran's current low back disability is not related to his active service, and instead resulted from post-service work-related injuries. As a result, the claim for service connection was denied.

The veteran's appeal was dismissed because his substantive appeal did not contain specific arguments regarding errors of fact or law in the RO's decision.

The veteran's appeal regarding CUE in the November 1970 decisions to grant service connection for his left thigh wound and lumbosacral spine condition has been dismissed as he did not file a timely appeal.

The Board has determined that the overpayment of $19,872.07 was properly created due to fraud committed by the appellant.

The Board found no evidence of a chronic eye disability, back disability, or psychiatric disability separate from the service-connected residuals of cranial trauma with post-traumatic cephalalgia and migraine-type headaches. Therefore, service connection for these conditions was denied.

The Board has determined that the veteran's service-connected intervertebral disc disease of the lumbar spine warrants a 40 percent rating, but not greater. The arthritis of the thoracic spine is rated as 10 percent disabling.

The veteran's service-connected disabilities have been rated at 10% and 20% since December 16, 1987. The RO has increased the rating to 20% for his lumbar spine and right hip injury residuals with secondary degenerative disc disease of L4-5 and L5-S1 effective from September 24, 1996.

The veteran's claim for service connection for a low back disability is being remanded due to the need for additional development, including obtaining medical records and conducting an examination.

The Board has determined that the veteran's current low back disorder is related to an injury sustained during service, and thus grants service connection for a low back disorder.

The veteran's service-connected low back strain is currently rated at 40 percent from August 2, 2000. The Board found that the evidence did not warrant an evaluation in excess of this rating.

The Board denied service connection for post-traumatic stress disorder and an acquired back disorder, finding that the evidence did not support a link between current symptoms and in-service events.

The Board found no evidence of a chronic low back, neck, or left shoulder disorder during active service. The veteran's current conditions are attributed to post-service work-related injuries.

The Board denied the veteran's claims for service connection for a low back disability and an ear disability other than hearing loss and tinnitus. The claim for service connection for residuals of a head injury or other injury sustained during service, other than hearing loss and tinnitus was granted. The right knee laceration is currently rated as non-compensably disabling, and the veteran's bilateral hearing loss is currently rated at 10%. No effective date was provided.