Back / lumbar spine decisions — 2001

The veteran's need for regular aid and attendance due to his severe psychiatric impairment, pain, nervousness, anxiety, and impairments of concentration and memory has been established. The Board finds that the evidence supports granting special monthly pension based on this need.

The veteran withdrew his appeal, requesting the Board to dismiss it.

The Board has determined that the veteran's currently diagnosed lumbar strain with pain and osteoarthritis of the lumbar spine is not related to his period of active military service. The Board also found no evidence of PTSD in the record.

The Board denied the appellant's attempt to reopen her previously denied claim for service connection for the cause of the veteran's death, finding that no new and material evidence had been submitted.

The Board denied the veteran's claims for increased disability ratings and a total disability evaluation, finding that his service-connected disabilities did not meet the criteria for higher evaluations.

The Board denied the veteran's claims for service connection and requested additional evidence. The VA is required to ensure all notification and development action under the Veterans Claims Assistance Act of 2000 is completed.

The veteran's service-connected right fifth metacarpal fracture is rated at 10 percent, and his chronic low back pain is found to be related to service.

The Board has denied the veteran's claims for increased evaluations for his low back and left knee disorders, finding that the evidence does not support a higher rating under applicable diagnostic codes.

The Board has remanded the case for further development and evaluation of the appellant's service-connected lumbosacral strain, including consideration of a separate rating for arthritis and an extraschedular evaluation.

The veteran is seeking service connection for a low back disability. The Board denied the claim as not being well grounded, but the Court remanded it due to the VCAA.

The veteran's herniated nucleus pulposus at T6-T7, with degenerative changes at T10-T11 and T11-T12 and Schmorl's node at T8-T9 is rated as 40 percent disabling. The lumbosacral strain is also rated as 40 percent disabling.

The veteran's lumbar spine disability is currently rated as 20 percent disabling, and his thoracic spine disability is rated at 10 percent. The Board has determined that the current ratings are appropriate.

The veteran's appeal is being remanded for a Travel Board hearing at the Columbia, South Carolina, Regional Office of the Department of Veterans Affairs.

The veteran's service-connected disabilities do not render him unable to secure or follow a substantially gainful occupation.

The Board has granted a 40 percent rating for the veteran's service-connected chronic lumbosacral strain with degenerative joint disease, effective from the date of receipt of his claim in April 1998.

The veteran's service-connected degenerative joint diseases of the left wrist, thoracic spine, right knee, left knee, and lumbosacral spine are currently rated at 10 percent each. The RO has denied his claims for higher ratings.

The Board of Veterans' Appeals has determined that the veteran did not submit new and material evidence to reopen his claim for service connection for a low back disorder. The RO previously denied this claim in June 1995, finding no evidence of onset or manifestation within one year of separation.

The Board has granted service connection for degenerative disc disease of the lumbar spine and peripheral neuropathy, both determined to be directly related to service. Service connection was also granted for asthma with a rating of 30 percent. The bipolar disorder issue is moot as service connection was granted on a direct basis.

The veteran's lumbosacral strain, cystectomy with curettage lesion of the anterior mandible, and peptic ulcer disease were all granted initial compensable evaluations. The lumbosacral strain was initially rated at 10 percent from April 3, 1998 until May 18, 1999, and then increased to 10 percent effective May 19, 1999. The cystectomy with curettage lesion of the anterior mandible received a 10 percent evaluation. The peptic ulcer disease was also granted a 10 percent evaluation.

The VA has determined that the veteran's degenerative arthritis of the lumbar spine warrants a 20 percent rating, effective from October 1996. The disability is currently rated as moderate and does not meet criteria for higher ratings.