Back / lumbar spine decisions — 2001

The Board denied an initial rating in excess of 20 percent for the veteran's service-connected lumbar spine disability, finding that the evidence did not meet the criteria for a higher rating.

The Board has determined that new and material evidence has not been submitted to reopen the claim for service connection for a back disability. The case is remanded for further review under the Hodge standard.

The Board has remanded the case for additional development due to incomplete records and changes in the law regarding assistance to veterans.

The Board has determined that the veteran's low back strain is proximately due to or the result of his service-connected right knee disorder, and thus grants service connection for this condition.

The Board has determined that the veteran's claimed chronic cervical spine disability and bilateral hand numbness were not incurred or aggravated by active military service. The evidence does not support a finding of service connection for these conditions.

The Board has reviewed the veteran's claims for service connection for PTSD, sleep apnea, and a back condition. The RO denied these claims in their initial rating decisions. The appeal is now before the Board.

The veteran's claim for an increased evaluation for his service-connected lumbosacral strain is being remanded due to the need for further medical examination and development of records.

The Board found that the veteran does not have a chronic low back disorder, sinusitis, or chronic respiratory disorder related to service. The claims for these conditions were denied.

The Board has remanded the case for further development and readjudication, including scheduling a hearing for the veteran and ensuring compliance with new notice and development provisions of the Veterans Claims Assistance Act of 2000.

The Board found no evidence of a chronic low back disorder during service and concluded that the veteran's gastrointestinal disability did not clearly and unmistakably preexist service. The Board denied both issues on appeal.

The Board denied reopening the claim for service connection for a low back disorder due to lack of new and material evidence.

The RO must re-evaluate the service connected low back disorder with consideration of the described sensory deficit in both lower extremities as part and parcel of lumbar intervertebral disc syndrome. The veteran's claim for an increased rating remains denied, and he should be given the opportunity to respond.

The Board has denied the veteran's claims for service connection for a back disorder, hearing loss, and stomach disorder.

The Board has reopened the veteran's claim for service connection for residuals of spinal meningitis due to new and material evidence submitted since the 1996 RO decision. The case is remanded for further development, including obtaining hospital records from 1982 and a VA examination.

The Board has determined that the appellant did not file a timely substantive appeal for her claims regarding service connection and increased evaluation. As such, these issues are dismissed.

The veteran's treatment at a private hospital was not authorized by VA, and the Board denied reimbursement for unauthorized medical expenses.

The veteran's claim for an effective date earlier than April 12, 1994 for service connection was denied. The RO granted service connection for degenerative disc disease of the lumbar spine with a 20% evaluation as of April 12, 1994.

The Board denied the veteran's claims for increased ratings and to reopen his service connection claims, maintaining that new evidence did not warrant reopening of the right ankle and knee disability claims, and denying a left knee disability claim. The low back disability was rated at 20 percent.

The Board has denied service connection for the residuals of a low back injury but granted service connection for a psychiatric disability. The decision is mixed as it addresses both issues.

The Board has granted a 60 percent evaluation for the veteran's chronic low back strain with degenerative disc disease, which is considered to be more severe than the current 40 percent rating.