Back / lumbar spine decisions — 2001

The Board has reopened the veteran's claims for service connection for a back disorder, bilateral hearing loss disability, and mitral valve prolapse. However, new evidence does not establish that these conditions were aggravated during active service or are otherwise related to military service.

The veteran's claims for increased ratings for his service-connected irritable bowel syndrome, cervical spine, and lumbar spine disorders are being remanded due to the need for additional development including medical examinations.

The veteran's claims for higher ratings for his cervical spine and lumbosacral strain disabilities were denied, but he was granted compensable ratings effective March 13, 1993, and January 4, 1997.

The Board has denied the veteran's claim of entitlement to service connection for a low back disorder, concluding that there is no evidence to support an etiological relationship between his current condition and his military service.

The Board has denied the veteran's claims for increased ratings and a total disability evaluation based on individual unemployability due to his service-connected disabilities. The case is remanded for further development, including obtaining medical records and conducting examinations.

The Board has determined that the veteran's back disability and skin rash were not incurred or aggravated by active service. The evidence does not support a finding of service connection for these conditions.

The VA has determined that the veteran's low back compression fracture, L1-L2, does not warrant a rating higher than 20 percent.

The veteran's claims for higher evaluations for Degenerative Disc Disease (DDD) of the L5/S1 vertebral space, laryngitis and asthmatic bronchitis with sinusitis were denied. The DDD is currently rated as 20 percent disabling.

The Board has vacated its October 1998 decision and remanded the case to develop and readjudicate the neck, left hip, and ulcer claims in light of recent legislation. The back and psychiatric claims are deemed intertwined with the neck claim.

The Board denied the veteran's claim for an increased evaluation of his service-connected chronic lumbosacral strain, maintaining a 20% disability rating. The issue regarding new and material evidence for a cervical spine disorder was also denied.

The Board has granted increased ratings for the veteran's right hip disability and degenerative joint disease of the lumbar spine, both currently rated at 20 percent.

The Board has denied the veteran's claims for service connection for degenerative joint disease of the lumbar and thoracic spine, as well as his requests for increased ratings for tinnitus and cervical spine disorder. The appeals were not granted due to lack of evidence linking these conditions to service or service-connected disabilities.

The Board has determined that the claim on appeal must be remanded to ensure compliance with due process considerations, including providing a supplemental statement of the case and considering whether new and material evidence has been submitted to reopen the service connection claims for cervical spine, lumbar spine, and knee disabilities.

The Board has determined that the veteran's claims for increased evaluations are denied as there is no evidence showing that his service-connected conditions warrant a rating higher than 20 percent for each condition.

The Board denied the veteran's claims for service connection and effective dates for his left shoulder disability, chronic synovitis of the left elbow, and myofascial pain syndrome of the lumbosacral spine. The RO must review these claims again with consideration of the Veterans Claims Assistance Act of 2000.

The Board denied the veteran's request for an earlier effective date of April 19, 2001, for a grant of TDIU due to his service-connected disabilities. The RO found that the claim was received on April 19, 2001.

The veteran's severe back disability, along with other conditions, meets the criteria for special monthly pension benefits due to the need of regular aid and attendance.

The Board has granted increased evaluations for the veteran's service-connected traumatic arthritis of the right knee and degenerative joint disease of the lumbar spine, but denied an increase in evaluation for his service-connected traumatic arthritis of the left knee. The RO needs to implement these changes.

The Board has denied the veteran's claims of entitlement to service connection for a back disorder, arthritis, a bilateral knee condition, and anxiety with major depression. The evidence submitted since the February 1997 decision is not new and material.

The Board has determined that the veteran's low back disorder and left thumb fracture with arthritis were not incurred in or aggravated by service, nor can they be presumed to have been so incurred. The veteran is also denied a total disability rating based on individual unemployability due to his service-connected disabilities.