Back / lumbar spine decisions — 2001

The veteran's claims for service connection were denied, and the RO assigned a noncompensable evaluation for his fracture of the left third finger due to self-inflicted gunshot wound.

The Board has decided that new and material evidence has been presented to reopen the veteran's claim for service connection of a lower back disability, but it is unclear whether the claim will be granted or denied as the decision on the merits remains pending.

The veteran's claim for a higher rating for gastroesophageal reflux disease (GERD) is denied as the symptoms do not meet the criteria for a higher evaluation under Diagnostic Code 7346.

The Board reopened the veteran's claim of service connection for schizophrenia based on new and material evidence provided by his attorney.,The Board denied reopening the veteran's claim of service connection for a back disorder due to lack of new and material evidence.

The Board of Veterans' Appeals has determined that additional development is needed to determine if the veteran's current low back disability is related to his military service, including his Army Reserve service. The claim for service connection was denied.

The veteran's claim for service connection for PTSD, transurethral resection of the prostate with penile implant, and low back disability was denied. The VA examiner found no current diagnosis of PTSD and concluded that the veteran does not have a current low back disability related to his active service.

The Board found that the veteran's low back condition did not begin during service and was not caused by any incident of service. The claim for service connection for residuals of a back injury is denied.

The Board found that the veteran's current low back condition, including degenerative disc disease and arthritis, was not incurred in service or related to his military service.

The veteran's claim for increased ratings for his low back disorder was denied. The Board found that the evidence did not meet the criteria for a higher rating prior to September 18, 1990; during the period from September 18, 1990 to July 28, 1998, he had symptoms of pain and occasional radiating pain down one leg but no more than moderately disabling symptoms; since July 28, 1998, his disability was manifested by limited motion with additional neurological symptoms.

The veteran's cervical spondylosis is rated at 20 percent disabling, the lumbar myofascial injury with disc narrowing at 40 percent disabling, and the psychophysiological gastrointestinal reaction at 10 percent disabling.

The Board has determined that the veteran's service-connected low back disorder warrants a 10 percent disability rating, effective March 23, 1998. The earlier date of July 23, 1955 is not considered as it does not meet the criteria for an effective date based on clear and unmistakable error in prior decisions.

The Board has granted an increased rating to 40 percent for service-connected traumatic arthritis of the lumbar spine, and a separate grant of 10 percent for thoracic (dorsal) spine spondylosis. The veteran's back disability is now rated as 40 percent disabling.

The RO denied the appellant's claims for increased PTSD evaluation and service connection for a right eye disorder, varicose veins, degenerative joint disease of the knees, low back disorder, and vascular and heart disorders. The appeal is remanded to allow further development.,The RO denied the appellant's claim for service connection for his right eye disorder as secondary to his left eye disability (traumatic cataract with glaucoma and aphakia). The appeal is remanded to allow further development.,The RO denied the appellant's claim for service connection for varicose veins. The appeal is remanded to allow further development.,The RO denied the appellant's claim to reopen his previously denied claim of service connection for degenerative joint disease of the knees. The appeal is remanded to allow further development.,The RO denied the appellant's claims for service connection for low back disorder and vascular and heart disorders as secondary to his left eye disability and/or shell fragment wounds. The appeal is remanded to allow further development.,The RO denied the appellant's claim for service connection for vascular and heart disorders as secondary to his left eye disability and/or shell fragment wounds. The appeal is remanded to allow further development.

The veteran's service-connected low back disability does not preclude him from securing and maintaining substantially gainful employment.

The veteran's claim for service connection for a low back disability was denied due to lack of well-groundedness. The case is now remanded due to the implementation of the Veterans Claims Assistance Act of 2000.

The Board has determined that new and material evidence has been submitted to reopen the veteran's claim for service connection for a back disability. The case is remanded for further development.

The Board has ordered the RO to take further action on the veteran's claim, including obtaining additional medical records and ensuring compliance with the Veterans Claims Assistance Act of 2000. The appeal is remanded for these purposes.

The Board denied the veteran's claims for service connection for chronic low back disorder, thoracic spine strain, and cervical spine strain due to lack of competent evidence showing a current disability related to service.

The Board of Veterans' Appeals (Board) has denied the claim for service connection for a low back disability due to lack of well-groundedness. The appellant's current back disability is attributed to injury in service, but further examination and evidence are needed.

The Board's decision of December 1999 awarded a 10 percent disability rating for lumbosacral strain with arthritis at L5-S1. The motion to revise this decision based on clear and unmistakable error (CUE) was dismissed without prejudice.