Back / lumbar spine decisions — 2001

The Board has determined that the claim is not well grounded and remands it for further development, including obtaining medical records and scheduling a VA examination.

The veteran's claim for a total rating based on unemployability due to service-connected disabilities was granted with an effective date of October 18, 1996.

The veteran's claim for a total disability rating based upon individual unemployability due to service-connected disabilities is being remanded for additional development, including obtaining medical records and conducting examinations.

The Board has reopened the claim of service connection for residuals of a neck and back injury due to new medical evidence linking current degenerative disc disease to in-service injuries. The case is now remanded for further examination.

The Board denied the veteran's claim for special monthly pension based on the need for regular aid and attendance or being housebound, finding that he does not meet the criteria due to his ability to perform daily activities and manage finances.

The Board has determined that the veteran's right ankle and back disorders are related to service, resulting in a grant of service connection for these conditions.

The veteran's service-connected disabilities are of such severity as to render him unemployable without regard to his advancing age or the presence of any nonservice-connected disorders.

The Board found that the veteran's cervical spine pathology did not begin in service and is not related to any injury sustained during service. The claim for secondary service connection remains unadjudicated.

The veteran's service-connected disabilities, including his right total knee replacement and bilateral hearing loss, effectively preclude him from engaging in substantially gainful employment.

The Board has granted service connection and a 10 percent rating for the veteran's low back disorder, effective from October 1993. The veteran's claim for a higher rating remains pending.

The Board has denied the veteran's claims for service connection for a hiatal hernia, an initial rating exceeding zero percent for gastritis with duodenal ulcer, and a rating exceeding 40 percent for lumbosacral strain. The evidence does not support a finding of service connection.

The Board has reopened the veteran's claim of service connection for a low back disorder due to new evidence submitted by the veteran. However, the claim is still pending as it must be decided based on all available evidence.

The Board has denied the veteran's claims for service connection due to lack of new and material evidence. The claim for a back disorder was not reopened, while the psychiatric disorder claim is pending.

The Board has determined that the veteran's claims for increased evaluations of his degenerative disc disease of the thoracic and lumbar spine are denied as there is no evidence to support a higher evaluation under applicable rating criteria.

The veteran's combined disability rating is at least 70%, meeting the criteria for a permanent and total disability rating for pension purposes.

The Board has denied the veteran's claims for service connection for arthritis of the elbows and increased ratings for his service-connected lumbar spine, left knee, and right knee disabilities. The RO is instructed to ensure all notification and development actions required by the Veterans Claims Assistance Act of 2000 are completed.

The Board denied the veteran's claims for service connection for lumbosacral disc herniation and peripheral neuropathy, finding that there was no evidence linking these conditions to his active duty service.

The Board denied the veteran's claims for an effective date earlier than March 23, 1989, for service connection of OBS and for increased evaluation of OBS. The RO assigned a 10 percent evaluation for OBS effective March 23, 1989.

The veteran's claim for an earlier effective date for a total rating based on individual unemployability was denied. The RO found that the increase in disability had not occurred prior to May 19, 1997.