Back / lumbar spine decisions — 2001

The Board has remanded the case for further development, including obtaining additional medical records and arranging for a VA examination to assess the severity of the veteran's service-connected low back disability. The claim will be reconsidered in light of all pertinent evidence.

The Board has reopened the claim for service connection of a back disability due to new and material evidence submitted by the appellant, including an opinion from his orthopedic surgeon linking his current condition to events in service.

The Board found that new and material evidence had been submitted to reopen the claim for service connection for a low back disability. The veteran's current back disorder is related to an injury noted in service, but not to his intercurrent work-related injury.

The Board has remanded the case due to insufficient medical evidence and a need for another VA examination to determine if the veteran's current low back complaints are related to service.

The veteran's claim for a rating exceeding 50 percent for the service-connected disability of the lumbosacral spine was denied. The case is being remanded for further development and re-adjudication.

The Board has granted increased ratings for the veteran's service-connected degenerative joint disease of the right shoulder and degenerative disc disease at L5-S1, as well as an increase in his rating for arteriosclerotic heart disease. The effective date is not specified.

The Board denied the veteran's claims for service connection for a back disorder, initial noncompensable evaluations for thrombophlebitis of both arms, and an initial 10 percent evaluation for varicose veins of the right lower extremity due to her failure to report for necessary VA examinations.

The Board has granted service connection for a low back disability as secondary to the veteran's service-connected bilateral knee condition. The right patella instability is currently rated at 20 percent.

The Board has granted an initial evaluation of 40 percent for degenerative discopathy at L5-S1, finding that the veteran's severe limitation of motion meets the criteria for a higher rating.

The Board denied the veteran's claims for higher initial evaluations for his service-connected degenerative joint disease and disc disease of the thoracic, cervical, and lumbar spine.

The veteran's claims for increased evaluations of his service-connected herniated lumbar disc, disability of the thoracic spine, and amblyopia of the right eye were denied. The RO found that the evidence did not support an evaluation in excess of the current ratings.

The RO has confirmed and continued the 20 percent evaluations for fibromyositis, generalized, left shoulder, right shoulder, and back. The appellant's unemployability is attributable to nonservice connected disabilities.

The veteran's initial rating for his service-connected degenerative disc disease of the lumbar spine was granted, but it did not reflect the extent of his disability. The Board found that the veteran's condition more nearly approximated a level of impairment consistent with severe functional loss of the lumbar spine.

The Board denied the veteran's claims for service connection for a low back strain, skin disorder, and peripheral neuropathy. The claim for an increased rating for bursitis of the feet, ankles, and hands was not addressed in this decision.

The Board denied the veteran's claims for service connection for diabetes mellitus, low back strain, and right knee injury. The claim to reopen a left knee disorder was also denied. The veteran's hypertension claim was not reopened.

The Board has determined that new and material evidence has been submitted to reopen the claim of service connection for a back disorder. The issue is now on its merits.

The veteran's claims for increased ratings and TDIU were denied. The Board remanded the case, but the issues are now considered as resolved with a 10% rating assigned.

The Board denied the veteran's claims for service connection for spondylolysis and lumbar disc disease, finding that new evidence did not meet the criteria to reopen his claim and that there was no competent evidence linking these conditions to service.

The veteran's claim for an earlier effective date for service connection of degenerative disc disease of the lumbar spine was denied as there was no clear intent to request service connection in 1988, and the earliest indication of such intent came after his discharge from service.

The Board has determined that the veteran's low back disability is linked to his service-connected right knee disability, and thus grants service connection for the incremental increase in severity of his low back disability attributable to his service-connected right knee disability.