Back / lumbar spine decisions — 2001

The Board denied earlier effective dates for service connection for PTSD and lumbar disc disease at L4-5, finding that the earliest possible effective dates are October 9, 1996, for PTSD, and December 17, 1979, for lumbar disc disease.

The veteran's service-connected disabilities became so severe that he was unable to work, qualifying him for a total disability rating based on individual unemployability as of January 6, 1999.

The veteran's death was not caused by his own willful misconduct. However, he did not meet the criteria for DIC benefits under 38 U.S.C.A. § 1318 as he was not in receipt of a 100% disability rating for at least 10 years immediately preceding his death.

The Board has determined that the veteran's claims for service connection for a low back disorder and PTSD must be remanded to obtain additional information from his personnel file, verify any claimed stressors or helicopter crash landing, and schedule him for VA examinations.

The Board has determined that the veteran's current low back disability is due to an in-service injury and granted service connection for this condition.

The Board has determined that the veteran's current low back disability is service-connected, as it began during his active duty.

The veteran's claims for increased ratings for his service-connected back pain and organic brain syndrome have been denied as the evidence does not meet the criteria for a higher disability evaluation.

The appellant's claim for an increased rating for his right femur fracture and bursitis of the hip was granted. However, service connection for a back disability secondary to his service-connected right femur fracture and bursitis of the hip was denied. The issue regarding shoulder pain is pending due to remand by the Board.

The veteran's appeal is denied as the RO properly assigned a 40 percent rating for lumbosacral strain and granted service connection for residuals of an injury to the sacrum and coccyx with a 10 percent rating. The appeals for increased ratings, compensable evaluations, and total disability based on individual unemployability due to service-connected disabilities are also denied.

The Board has determined that the claim for service connection for a low back disability is denied as there is no evidence of a low back disability during active service and no competent medical evidence linking any current low back disability to service.

The veteran's appeal for increased evaluations of his service-connected gunshot wound to the left iliac region, hemorrhoids, and lumbosacral paravertebral myositis was denied. The RO granted a 40% evaluation for lumbosacral paravertebral myositis effective December 30, 1999.,The veteran's appeal for an earlier effective date for the 40% rating of lumbosacral paravertebral myositis was also denied. The RO found that a total disability rating based on individual unemployability due to his service-connected disabilities was not warranted.

The Board found no clear and unmistakable error in the September 1958 rating decision regarding service connection for lumbar muscle strain or arterial bypass graft, as the evidence then of record supported the decisions.

The Board has determined that the veteran's lumbar spine disorder was not incurred in or aggravated by active service and denied his claim for service connection. The issues of entitlement to an evaluation in excess of 70 percent for PTSD and TDIU were also addressed, with the latter being granted.

The Board denied the veteran's claims of entitlement to service connection for low back disability and residuals of facial trauma, finding that new and material evidence had not been submitted to reopen his claims. The claim for residuals of facial trauma was also denied as it is not well-grounded.

The veteran's service-connected back disorder is currently rated at 20 percent, and the RO granted an increased rating to 40 percent.

The veteran's claim for an increased evaluation of his service-connected lumbar spine disability was granted effective October 15, 1999. The Board found that the earlier April 1996 claim was abandoned due to the veteran's failure to provide missing evidence within one year after being requested to do so.

The Board denied the petitions to reopen claims for service connection for an acquired back disorder and schizophrenia due to lack of new and material evidence.

The Board denied service connection for a low back disorder, finding that the veteran's current symptoms are not related to his service and that he does not have a chronic disability as a result of disease or injury during service.

The Board determined that the veteran's chronic acquired low back disability was not incurred in or aggravated by active service and denied his claim.

The veteran's claims for service connection for astigmatism and a back disorder have been denied. The claim for service connection for the back disorder has been reopened, but new evidence does not establish that the current condition is related to service.