Back / lumbar spine decisions — 2001

The Board has denied the veteran's increased rating claims for his service-connected left thigh, left foot, and right shoulder disabilities. The RO also granted service connection for a right knee sprain and assigned noncompensable evaluations to each of these disabilities, effective from June 1999.

The veteran's appeal is for an increased rating for his service-connected low back disorder, which has been rated at 40 percent. The RO denied the claim and now requests further examination to determine if a higher rating of 60 percent is warranted based on pronounced low back disability.

The Board denied a request for an earlier effective date of January 21, 1998 for the grant of total disability rating based on individual unemployability due to service-connected disabilities.

The veteran's increased rating for lumbosacral strain with pain in the left leg was granted by the RO, but he requested a hearing before a Member of the Board at the RO.

The Board has remanded the case to the RO for further consideration, including additional medical examinations and development of evidence.

The Board has remanded the case for additional development due to new evidence and changes in law.

The Board of Veterans' Appeals has denied the appellant's claim for service connection for a low back disorder, finding that there is no evidence to support the claim based on direct service connection.

The veteran's claim for service connection for leg pains as secondary to his service-connected low back pain with osteoarthritis was granted. His claims for increased ratings for schizophrenia and low back pain were also granted.

The Board has determined that further development is required before the completion of appellate action, including obtaining additional medical records and affording the veteran with examinations to determine the nature and extent of his service-connected right ankle disability and nonservice-connected disabilities. The case will be remanded for these actions.

The Board denied the veteran's claim to reopen his service connection for a lumbar spine disorder and also denied his request for an increased evaluation for his psychiatric disorder. The evidence submitted since the November 1974 rating decision did not provide new and material evidence to support reopening of the service connection claim.

The Board denied the veteran's claim for service connection of a low back disorder and compensation under 38 U.S.C.A. § 1151 for loss of use of his left hand and arm, finding no new and material evidence to reopen the claims.

The Board has determined that the veteran's low back disability is not service-connected, and his lung disability cannot be presumed due to asbestos exposure. The claim for a lung disability was remanded but no further action could be taken without additional evidence.

The Board has remanded the case due to issues being inextricably intertwined and because of changes in the law regarding veterans' claims assistance. The RO must ensure all notification and development action required by the Veterans Claims Assistance Act of 2000 is completed.

The Board denied service connection for lymphatic disorder, back disorder, and nervous disorder in July 1998. The veteran's motion to revise this decision on grounds of clear and unmistakable error was denied.

The Board denied service connection for post-operative degenerative disc disease and herniated disc of the lumbosacral spine, finding that the claim was not well grounded. The veteran appealed this decision.

The veteran's disability, consisting of shrapnel wounds to the left lower lumbar area and right hip with degenerative disc disease and osteoarthritis, is currently rated at 40 percent. The claim for a higher rating is denied.

The Board denied the veteran's claims of service connection for a bilateral knee disorder and an increased evaluation for his chronic low back pain, finding that new and material evidence had not been submitted to reopen the claim of service connection for a bilateral knee disorder.

The Board denied the appellant's claims for service connection for the cause of her husband's death and for dependency and indemnity compensation under 38 U.S.C.A. § 1318 due to lack of evidence showing that his death was caused by a service-connected disability or that he was entitled to benefits under 38 U.S.C.A. § 1318.

The Board has granted a 60 percent rating for the veteran's service-connected low back disability, which is the highest schedular evaluation available under the provisions of Diagnostic Code 5293 (intervertebral disc syndrome).

The VA denied an increased evaluation for the veteran's service-connected degenerative arthritis of the lumbosacral spine, currently rated at 20 percent.