Back / lumbar spine decisions — 2001

The veteran's claim for service connection for a low back disorder was denied as not well grounded. The RO is instructed to obtain relevant medical records and provide the veteran with an opportunity for a VA examination.

The veteran's low back disability is productive of severe limitation of motion and persistent symptoms of bilateral radiculopathy with characteristic pain, diminished ankle jerk, and an antalgic gait. The Board has determined that a 60 percent rating for chronic low back syndrome and scoliosis of the lumbosacral spine at L5, with traumatic arthritis is warranted.

The Board has not decided the service connection aspect of the veteran's claim, but has remanded it for further action due to new evidence and a request for a hearing.

The veteran's claims for secondary service connection and service connection were denied. The initial rating for degenerative arthritis of the right hip remains at 10 percent.

The Board has denied the veteran's claims for service connection for right hand disorder, diabetes mellitus, hypertension, low back disorder, and psychiatric disorder. The claim for increased rating of cervical spine condition is granted to a 40% disability rating.

The Board has dismissed the issue of whether the attorney's fee agreement is reasonable due to lack of subject-matter jurisdiction.

The veteran's claim for a TDIU based on his service-connected low back strain superimposed on hypertrophic arthritis of the lumbar spine was denied because he did not meet the minimum percentage requirements and there is no evidence to support an extraschedular analysis.

The Board denied the veteran's claim for reimbursement of unauthorized medical expenses incurred at a private facility due to failure to meet one of the elements required under 38 C.F.R. § 17.120, specifically that VA facilities were feasibly available and a medical emergency did not exist.

The veteran's claims for increased ratings were denied. The conditions addressed include residuals of injuries to the right hip and leg, left ankle fracture, right knee injury, left zygomatic fracture, and chronic low back syndrome with sciatica.

The Board found no evidence to support a connection between the veteran's service-connected bayonet wounds and his current low back disability, including arthritis of the lumbar spine. The claim was denied.

The veteran's claims for service connection for right wrist sprain, lumbar strain, corneal abrasion of the left eye, and anaphylactic sensitivity to fire ant venom were denied as there is no current evidence of a disability related to these conditions. The stress fracture of the right leg and bilateral hearing loss have been granted but with noncompensable evaluations.

The Board denied the veteran's claims for increased ratings for his service-connected cervical and lumbar spine disabilities, finding that the evidence did not support a higher rating than the current 20 percent assigned.

The veteran's disabilities, including a left upper extremity condition, arthritis of the lumbar spine, and dysthymic disorder, do not meet the criteria for a permanent and total disability rating for pension purposes as they are not rated at 40% or more combined with additional disability sufficient to bring the combined evaluation to 70% or more.

The Board denied service connection for cervical and lumbar spine disabilities, finding that new and material evidence had not been submitted to reopen the claims. The RO also denied an increased rating for conversion reaction.

The veteran's back disability, which was aggravated by a fall and injury during VA treatment in 1989, is granted compensation benefits under the provisions of 38 U.S.C.A. § 1151.

The Board has denied the veteran's claims for service connection for a low back disability and a right leg disability due to lack of new and material evidence. The RO must issue a SOC on these issues.

The Board found that the veteran's low back disorder and Charcot-Marie-Tooth disease were not incurred in or aggravated by service, and denied his claims for these conditions.

The Board denied the veteran's claim for a total disability evaluation based on individual unemployability (TDIU) in March 1989, finding that his combined disability rating of 80% did not render him totally unemployable. The decision is final.

The Board found clear and unmistakable evidence that the veteran had a preexisting back condition prior to service. The Board also found no increase in severity of this condition during service, concluding it was resolved by the time of discharge. As such, the claim for service connection is denied.

The veteran's claim for an increased evaluation for his service-connected low back condition has been denied by the Board of Veterans' Appeals. The evidence does not support a rating in excess of zero percent.