Back / lumbar spine decisions — 2001

The Board has determined that the veteran's lumbar spine disability warrants a 40 percent rating, with an effective date to be determined.

The Board has found that new and material evidence has been submitted sufficient to reopen the veteran's claim of entitlement to service connection for a back condition. The issue of an increased rating for schizophrenia remains pending, as does the claim for TDIU based on multiple disabilities.

The veteran's hospitalization from August 3, 1992 to October 7, 1992 was not due to the need for treatment of a service-connected disability. The VA did not find that any treatment for lumbosacral strain was instituted and continued during this period.

The Board denied service connection for PTSD and secondary service connection for a low back disability to the right knee. The claim for compensation benefits under 38 U.S.C.A. § 1151 based on VA medical treatment was also denied.

The veteran seeks earlier effective dates for service connection for IBS and bipolar disorder, but the RO found no evidence of claims prior to the date of receipt of their respective applications.,For low back disability, the veteran sought an increased rating from 40% to 60%, which was granted on December 14, 1994. He now seeks an earlier effective date.

The veteran's lumbar strain is rated at 20 percent, the highest available rating under Diagnostic Code 5292 for moderate limitation of motion.

The Board found that the appellant is not in need of aid and attendance or housebound due to her disabilities, thus denying her claim for additional death pension benefits.

The Board found new and material evidence sufficient to reopen the claim for service connection for hypertension, but not for lumbosacral strain. The appellant's hypertension was diagnosed post-service, and his back problems were considered acute in service without residual disability.

The Board found that the veteran does not meet the criteria for special monthly compensation on account of loss of use of the right foot due to his service-connected conditions, as he can still walk for up to 10-15 minutes without assistance and there are no reported trophic or circulatory changes.

The Board granted an initial rating of 20 percent for the veteran's residuals of lumbar spine injury, status post laminectomy, effective from December 17, 1997. The temporary total convalescent rating beyond April 30, 1998 was denied.

The Board of Veterans' Appeals has denied the veteran's claim for service connection for back disability, including the residuals of an in-service injury and discogenic disc disease. The appeal is based on his initial period of active duty from June 1974 to June 1977.

The Board has denied the veteran's claim for service connection for a back disability, finding no competent medical evidence linking his current condition to his period of active duty service.

The Board has remanded the case to the RO for additional development due to new evidence and a request for a hearing.

The Board found that further development was needed to determine if the veteran's low back disability and associated numbness in both legs and groin were caused or worsened by the VA lumbar laminectomies performed in October 1998, and whether there was negligence on the part of the VA during this procedure.

The veteran's disabilities, including schizophrenia, diabetes mellitus, and lumbosacral strain, are so severe that he is unable to secure or follow substantially gainful employment. The Board finds the evidence at least in equipoise as to whether the veteran meets the criteria for a permanent and total disability rating for pension purposes.

The Board found that the veteran's lumbar spine disability, characterized as arthritis of the lumbar spine, L4-5 with sacroiliitis, did not warrant a rating in excess of 20 percent from November 23, 1997 to August 1998.

The veteran's claims for increased ratings for PTSD and a low back disability are being remanded to allow for the collection of recent VA medical records, and for the provision of VA compensation examinations.

The Board denied the veteran's claim for service connection for a low back disability, finding that there was no competent medical evidence linking his current condition to his reported injury during service in 1963.

The Board granted service connection for degenerative disc disease at L3-4, L4-5 and L5-S1 with lumbosacral strain and assigned a 20 percent disability rating.

The Board has determined that the veteran's pre-existing low back condition did not worsen during service and denied his claim for service connection.