Back / lumbar spine decisions — 2001

The Board has determined that the initial evaluations for low back disorder and headaches were appropriate, but the RO improperly reduced them to noncompensable ratings.

The Board has granted a 60 percent evaluation for the service-connected lumbosacral strain, status post L3-L4 laminectomy, which is the maximum schedular evaluation assignable under applicable Diagnostic Codes.

The veteran is seeking an increased evaluation for his service-connected lumbosacral strain, which has been rated at 20 percent. The RO must obtain VA outpatient treatment records and affords the veteran a new VA examination to determine if his disability warrants a higher rating.

The Board has determined that the evidence submitted since the September 1997 decision does not constitute new and material evidence to reopen the claims for service connection for a low back disorder and traumatic arthritis of both knees.

The Board found that the veteran's preexisting low back disorder did not increase in severity during service, and thus denied his claim for service connection.

The veteran's claim for nonservice-connected pension benefits was granted effective from September 2, 1997. The effective date is not earlier than the date of receipt of his reopened claim on March 31, 1994.

The Board has determined that the veteran's gunshot wound to the left lumbar region does not warrant a compensable rating, as there is no evidence of muscle impairment or significant scarring.

The Board found that the appellant's pre-existing low back condition existed prior to her entry into service and did not undergo a permanent increase in severity during service. Therefore, she is denied service connection for her low back disability.

The Board has denied service connection for a low back disability and bilateral shoulder osteoarthritis, finding no evidence that these conditions are related to the appellant's service-connected left knee disability. The increased rating claim for internal derangement of the left knee is also denied.

The Board has granted service connection for a low back disorder claimed as secondary to the veteran's service-connected right knee disability.

The Board denied service connection for a low back disorder, including lumbar fibromyositis and herniated nucleus pulposus at L5-S1. The claim for service connection for herniated nucleus pulposus was also denied.

The Board has remanded the case for further development and consideration of whether new and material evidence has been submitted to reopen the claim for service connection for a back disability. The appellant is requested to provide information regarding medical treatment received for his back disability.

The Board denied the veteran's claims for increased ratings for residuals of lumbosacral strain and status post fracture of the distal right radius (major), finding that the evidence did not support an evaluation in excess of 10 percent.

The Board has denied the veteran's claim for a higher rating for his service-connected myositis of the erector spinae due to insufficient medical evidence and the veteran's failure to comply with VA's efforts to have him reexamined.

The Board found no evidence of a chronic seizure/syncope disorder and concluded that the veteran's symptoms were better explained by pseudoseizures. Therefore, service connection for a seizure disorder was denied.

The Board of Veterans' Appeals has determined that the veteran's degenerative disc disease at T11-12 and L1-2 is related to his in-service back strain, which was diagnosed during service. The Board finds that the preponderance of evidence supports this claim, including medical opinions from VA neurosurgeons.

The Board denied the appellant's claim for service connection for residuals of a lumbar spine injury in December 1998. The appellant submitted additional evidence, but it was not considered new and material to reopen his claim.

The veteran's claim for service connection was granted effective March 5, 2000. His right L4 radiculopathy, degenerative joint disease of L5-S1 and lumbar myositis is currently rated at 40%.

The Board has reopened the veteran's claims of entitlement to service connection for PTSD and a back disorder due to new evidence submitted since the 1988 decisions. The appeals are now before the RO for further consideration.

The Board denied the veteran's request for waiver of a $7,678 overpayment of improved pension benefits, finding that repayment would not be against equity and good conscience due to the significant financial hardship demonstrated by the veteran.