Back / lumbar spine decisions — 2001

The Board denied the veteran's claim for compensation benefits under 38 U.S.C.A. § 1151 due to a back disability other than his service-connected lumbar paravertebral myositis with degenerative joint disease of the lumbar spine, as there is no competent evidence that he sustained such a disability in August 1980.

The veteran's appeal is being remanded due to the need for additional evidence and a VA examination. The issues of service connection for headaches, as secondary to his service-connected low back disability, and an increased evaluation for lumbosacral strain are pending.

The veteran's service-connected postoperative status, lumbar laminectomy, is currently rated at 10 percent and the Board finds that this rating adequately reflects his current symptoms.

The veteran's claim for individual unemployability was denied because the effective date could not be earlier than October 10, 1997 due to lack of entitlement prior to that date.

The veteran's initial claims for increased evaluations of his service-connected cervical and thoracic spine disabilities were granted, with effective dates back to August 1996.

The Board has remanded the case due to new requirements under the Veterans Claims Assistance Act of 2000, including obtaining additional medical records and arranging for a VA examination.

The veteran seeks service connection for chronic back disability, but the case is remanded due to the need for additional medical examination and evidence collection.

The Board has remanded the case for further development, including a VA examination to determine if the veteran's low back disorder is at least as likely as not aggravated by his service-connected lower extremity disorders.

The Board found that the appellant's arthritis of the thoracic and lumbar spines is not causally related to his periods of active service, and therefore denied his claim for service connection.

The veteran's appeal is being remanded for additional development due to changes in the law and incomplete medical records. A VA examination will be conducted to determine the etiology and date of onset of his low back disability.

The Board has determined that new and material evidence has been submitted to reopen the veteran's claim for service connection for multiple disabilities of the spine, including degenerative disc disease, osteoarthritis, disc herniation, and sciatica. The Board also found that these conditions are causally related to service.

The Board found that the appellant's degenerative disc disease of the lumbar spine did not warrant a rating greater than 40 percent, and denied his claim for service connection for sinusitis due to lack of evidence showing its origin in service.

The Board has determined that new and material evidence to reopen the veteran's claims for service connection for a back disability and hypertension had not been submitted.

The Board has remanded the case due to a change in the law brought about by the Veterans Claims Assistance Act of 2000, requiring further development and readjudication under the VCAA.

The veteran's claim for a permanent and total disability rating for pension purposes was denied because he failed to appear for VA examinations scheduled in December 1998 and April 2000, and there is no evidence of record showing that his disabilities render him permanently and totally disabled.

The Board denied the veteran's claims for service connection for hearing loss in the right ear and a low back disorder, but granted service connection for PTSD effective July 20, 1998. The appeal is dismissed as to these issues.

The Board has determined that the veteran's low back disability, which includes pronounced symptoms of intervertebral disc syndrome and degenerative arthritis, warrants a 20 percent evaluation.

The Board has granted a 20 percent evaluation for residuals of a fracture of the left ankle since October 27, 1995. The veteran's service-connected conditions have been evaluated based on their specific diagnostic codes in the VA Rating Schedule.

The Board has denied an increased evaluation for the veteran's service-connected low back disorder, finding that the evidence does not support a rating in excess of the current 10 percent.

The Board has determined that the veteran's post-operative herniated nucleus pulposus L4-L5 warrants a rating of 60 percent, reflecting significant neurological findings and pronounced disability including pain and muscle spasm.