Back / lumbar spine decisions — 2001

The veteran's low back disability was rated at 40 percent from the effective date of service connection to August 3, 1998.,From August 4, 1998, the rating increased to 60 percent due to more severe symptoms and functional impairment.

The Board has determined that the claim for service connection for a low back condition is denied due to lack of evidence linking the current condition to service, and there are no indications of arthritis or other chronic conditions related to service.

The Board has determined that the veteran's right hip, lumbar spine, and cervical spine disorders are not service-connected due to lack of evidence showing their onset during or within one year after service.

The Board has determined that the appellant's service-connected chronic low back strain does not warrant a higher rating, and his total disability rating based on individual unemployability due to service-connected disabilities is also denied.

The veteran's claim for an increased evaluation for his service-connected lumbar strain with dextroscoliosis and degenerative changes is being remanded due to the need for additional development, including obtaining medical records from private providers and conducting a VA examination.

The VA has determined that the veteran's low back disability, which includes mechanical low back pain and degenerative joint disease of the lumbar spine, warrants a rating of 20 percent. The evidence does not support an increase in this rating.

The Board denied the veteran's claims of service connection for bilateral hyperopia with left eye amblyopia and astigmatism, as well as his claim for a lumbar spine disability. The evidence did not show that these conditions were aggravated during service or first manifested in service.

The veteran's claim for an increased rating for her service-connected low back disability is being remanded due to the absence of objective evidence of sciatic neuropathy and insufficient detail in the most recent VA examination report. The case will be reviewed again with additional development, including obtaining medical records and ensuring compliance with the Veterans Claims Assistance Act of 2000.

The Board determined that the reduction from a 20 percent evaluation to a 10 percent evaluation for low back syndrome with history of sprain and degenerative joint disease of the lumbar spine was proper, effective November 1, 2000.

The veteran's claim for payment or reimbursement of ambulance services provided by Antioch Ambulance Service on February 11, 1998, and August 7, 1998 is denied as there was no pre-authorization from VA and the services were not rendered in an emergency situation.

The Board has denied the veteran's claims for special monthly pension benefits due to a lack of evidence showing that he requires regular aid and attendance or is substantially confined to his dwelling.

The veteran's claims for increased evaluations for chronic low back pain with degenerative joint disease of the lumbar spine and tendinitis of the left shoulder have been dismissed due to the death of the veteran.

The Board has granted entitlement to a total disability rating based upon individual unemployability effective from December 6, 1991.

The Board denied service connection for a low back disability and an acquired psychiatric disability, as well as the claim for an increased rating for postoperative residuals of a right meniscectomy. The veteran's current right knee arthritis is rated at 10 percent.

The Board granted a 40% evaluation for the veteran's low back disability and found that he is entitled to TDIU benefits based on his service-connected disabilities.

The Board has determined that the veteran's continued authorization to receive monthly fee-basis outpatient psychotherapy is denied as VA facilities in Albuquerque are capable of providing such care, and it would not impose undue hardship on him.

The Board denied the veteran's claims for service connection and an increased evaluation for his back disability, finding that there was no evidence linking his current condition to his active duty or a service-connected disability.

The veteran's claim for additional vocational rehabilitation training under Chapter 31 of the U.S. Code is denied because her service-connected low back strain does not prevent her from performing her current occupation as an Environmental Police Officer.

The Board determined that there is no evidence linking the veteran's current back disability or psychiatric disorder to his military service, and thus denied both claims.

The Board has determined that an effective date of March 21, 1996, is warranted for a 40 percent evaluation for chronic lumbar strain with sacralization, L5.