Back / lumbar spine decisions — 2001

The Board has denied the veteran's claims for increased ratings for his service-connected low back disability, right ankle fracture residuals, and plantar fasciitis.

The Board found that the veteran's low back disability began in service and granted service connection for it.

The Board has reopened the veteran's claim of entitlement to service connection for a low back disorder, and will now consider whether new and material evidence supports this reopening.

The veteran's disabilities, including respiratory impairment and lumbar and cervical spine disabilities, do not meet the basic disability percentage requirements for VA pension benefits due to his employment status.

The Board has granted service connection for a low back disability characterized as herniated nucleus pulposus with a 40 percent evaluation. The veteran's current condition does not warrant an increase in this rating.

The veteran's service-connected disabilities do not meet the criteria for special monthly compensation based on need for regular aid and attendance.

The veteran's claims for increased evaluations and a total rating based on individual unemployability were denied. The claim to reopen his lumbosacral spine disorder was also denied, as the new evidence did not meet the criteria for reopening.

The Board has remanded the case for further development, including verification of service dates and obtaining medical records. The veteran's low back disability is being evaluated for its etiology in service, while his hiatal hernia is to be evaluated for current severity.

The Board of Veterans' Appeals denied the veteran's claim for service connection for a low back disorder, finding that there was no evidence to support the claim based on active duty service.

The Board has denied all claims as there is no evidence of a current disability or disease that can be linked to service.

The Board found no evidence linking the veteran's current low back disorder to service, and thus denied his claim for service connection.

The Board found that the appellant's service-connected bilateral hearing loss is currently manifested by average puretone decibel loss of 81 in the right ear with 82 percent speech discrimination, and average puretone decibel loss of 80 in the left ear with 86 percent speech discrimination on VA audiological examination. The Board denied an increased rating for this disability as it is currently evaluated at 40 percent disabling.

The Board found that the veteran's postoperative herniated nucleus pulposus with chronic low back strain and hypertrophic degenerative changes did not meet the criteria for a higher disability rating than 40 percent.

The Board has determined that the veteran's low back disability does not warrant a rating in excess of 20 percent prior to November 1, 2000, and no current compensable rating is warranted.

The veteran's claim for an earlier effective date for TDIU was denied as the evidence did not warrant a grant of service connection for depression prior to October 30, 1998.

The Board denied the veteran's claims for service connection for low back pain and an initial evaluation in excess of 20 percent for right shoulder disability, finding no medical diagnosis or underlying condition to support these claims.

The veteran's diagnosed otitis externa, chronic obstructive pulmonary disease, gastroesophageal reflux disease, and degenerative disc disease and degenerative joint disease of the lumbar spine do not represent 'undiagnosed illnesses' for purposes of entitlement to disability compensation based on active service in the Southwest Asia theater of operations during the Persian Gulf War.

The Board has determined that the veteran's residuals of a compression fracture of the lumbar spine at L1 warrant an increased rating to 30 percent, resolving reasonable doubt in favor of the veteran.

The Board has determined that new and material evidence has not been presented to reopen the veteran's claim for service connection for a back disorder. The decision is mixed as some issues are granted while others are denied.

The veteran's service-connected low back pain with moderate narrowing and degenerative spurs is rated at 20 percent, which represents the maximum schedular rating available under applicable criteria.