Back / lumbar spine decisions — 2001

The veteran's claim for service connection for a low back disability was granted with an effective date of January 28, 1998.

The Board has granted service connection for the veteran's lumbar strain, but denied his claims for left shoulder and cervical spine disabilities. The decision is based on a finding that the low back disability began during active duty.

The Board denied increased ratings for the veteran's service-connected low back disability, folliculitis of the scalp, shell fragment wound to the left foot, acne, and tinea pedis. The evaluations were found not to meet the criteria for higher ratings under applicable VA rating criteria.

The veteran's service-connected low back disability, characterized by spondylolisthesis due to partial subluxation of lumbosacral facets with degenerative joint and disc disease, is currently rated at 40 percent. The Board finds that the evidence does not support a higher rating as his symptoms are adequately addressed under the current rating criteria.

The veteran's service-connected lumbar spine disability is rated at 30 percent, and his impotency is considered secondary to the service-connected lumbar spine disability.

The veteran's claims for special monthly pension based on need for regular aid and attendance by another person, or at the housebound rate were denied as he does not meet the criteria for either benefit.

The Board has granted the veteran's claim for an increased rating of 30 percent for his service-connected left knee disability, effective from June 1995. The issues regarding secondary service connection and temporary total convalescence ratings remain pending.

The Board has determined that new and material evidence has been submitted to reopen the veteran's claim of service connection for a back disability, which was previously denied in April 1970. The RO must now review the claim on its merits.

The Board has determined that additional evidence is needed to fully and fairly consider the veteran's claim for service connection for low back disability, including degenerative joint disease and a herniated disc of the lumbar spine. The case will be returned to the RO for further development.

The veteran's multiple nonservice-connected disabilities, including postoperative lumbar laminectomy, depressive disorder, and spinal stenosis of the cervical spine, render him unable to secure or follow substantially gainful employment. The Board finds that he is entitled to a permanent and total disability rating for pension purposes.

The Board denied the appellant's request for waiver of an overpayment of improved disability pension benefits, finding that his failure to disclose his wife's employment income was willful and constituted bad faith.

The Board denied the veteran's claims for earlier effective dates for increased evaluations of his service-connected lumbosacral strain and total rating based on individual unemployability due to service-connected disability, finding that it was not factually ascertainable that there had been an increase in his service-connected disability during the year prior to February 14, 1990.

The veteran's chest pains were not related to his service-connected disabilities, and he was not receiving a total disability evaluation for any service-connected disability at the time of the private treatment. The VA Medical Center in Walla Walla denied reimbursement or payment due to lack of prior authorization.

The Board granted an initial evaluation of 40 percent for lumbar spine arthritis at L4-5-L5-S1, and denied the remaining issues.

The Board found no evidence to support a higher evaluation for the veteran's lumbar strain with right sciatica, multilevel disc derangement and degenerative spondylosis, which is currently rated at 20 percent.

The veteran's claim for a higher rating for his service-connected low back strain was denied due to his failure to report for scheduled VA examinations.

The veteran's service-connected spinal disabilities are not rated higher than the current levels, and her TDIU claim is denied.

The Board has denied the veteran's claims for service connection for peripheral neuropathy, a low back disability, PTSD, drug and alcohol dependence, and personality disorder. The decision is based on the absence of legal merit under VA regulations.

The veteran's claim for service connection for a back disability is being remanded due to incomplete service medical records and the need for additional examination.

The Board has reopened the claim for service connection for lumbosacral spondylolisthesis due to new evidence submitted since the last denial in 1965.