Back / lumbar spine decisions — 2001

The appellant's disabilities, including bilateral hearing loss and hypertension, are sufficient to warrant a permanent and total disability rating for nonservice-connected pension benefits.

The Board denied the veteran's claims for service connection for a back condition and for reopening his claim of service connection for a right knee disorder, finding that the submitted evidence was not new and material.

The veteran's lumbosacral strain, cervical spine disability, and left foot disability have been granted increased ratings to a total of 40 percent.

The Board denied the veteran's claim for service connection for a low back condition, finding that new and material evidence had not been submitted to reopen the claim. The September 1998 rating decision is considered final.

The veteran's service-connected disabilities do not meet the criteria for an automobile or other conveyance and adaptive equipment, as his conditions are not severe enough to require such accommodations.

The veteran's service-connected degenerative disc disease of the lumbar spine is currently rated at 60 percent, which is the maximum schedular evaluation. His service-connected sinusitis with headaches is also currently rated at 10 percent.

The Board has determined that the appellant is not entitled to a special monthly allowance based on the need for regular aid and attendance of another person due to her disabilities, as she does not meet the criteria outlined in VA regulations.

The Board found no evidence of a low back disorder with numbness in the legs related to service, and denied the veteran's claim.

The veteran's service-connected residuals of low back strain were found to not warrant a rating in excess of 10 percent prior to May 11, 1999 and on or after that date. The appeal was denied.

The veteran's appeals were not timely filed, and the Board lacks jurisdiction to review these claims.

The Board found that the veteran does not have a right knee disorder related to his period of service and denied his claim for service connection.

The Board has denied the veteran's claims for service connection for a low back disability with leg cramps and an acquired psychiatric disorder, finding that there is no evidence of such conditions during or within one year after his period of active duty.

The veteran's calluses on both feet are rated at 50% since the effective date of service connection. The cervical spine disability is currently rated at 10%. Both ratings remain unchanged.

The Board denied the veteran's claims for service connection for right hand disability, bilateral eye disability, and back disability. The veteran also failed to meet the criteria for special monthly pension due to lack of need for aid and attendance or housebound status.

The veteran's appeal for an initial evaluation in excess of 30 percent for his pain disorder (claimed as depression) is dismissed due to failure to file a timely Substantive Appeal. The other issues are addressed, but the appeal for the higher initial evaluation for the pain disorder is dismissed.

The Board has remanded the case for additional development due to new notification provisions under the Veterans Claims Assistance Act of 2000 and other issues.

The Board has determined that new and material evidence was received to reopen the veteran's claim for service connection for a back disability, which had previously been denied. The case is remanded for further development.

The Board has determined that the veteran's low back disorder had its inception during active service, and therefore grants service connection for a low back disorder.

The veteran's claims for service connection for PTSD, low back pain, and peripheral neuropathy (due to exposure to herbicides) were granted. The claim for a right shoulder disorder was not claimed. No rating assigned as the issue is still pending.

The Board denied the veteran's claim of service connection for a lumbosacral spine disability, finding that there was not enough evidence to relate his current condition to his in-service injury.