Back / lumbar spine decisions — 2001

The Board has determined that new and material evidence has not been submitted to reopen the veteran's claims for service connection for back strain with degenerative disc disease and hearing loss. The decision is mixed, as some issues were granted while others were denied.

The Board has determined that the veteran's bilateral hip and low back disorders have been aggravated by his service-connected right knee disorder, warranting service connection for these conditions.

The veteran's service-connected post-traumatic mechanical low back pain is currently rated at a 10 percent evaluation, which meets the criteria for this condition based on his symptoms and medical records.

The Board found that the veteran's hypertension and degenerative arthritis of the lumbar spine were not incurred or aggravated by his military service.

The veteran's appeal is being remanded for further development, including obtaining medical records and a VA examination to assess the nature and etiology of his back disorders.

The Board has granted an increased rating to 60 percent for the veteran's service-connected herniation of the L4-5 discs of the lumbosacral spine, finding that his symptoms warrant such a rating.

The Board has determined that new and material evidence has been submitted to reopen the claim of service connection for a back disorder, secondary to the service-connected right knee disability. The issue will now be evaluated based on this reopened claim.

The Board has determined that the earliest effective date for the grant of TDIU is August 8, 1994 based on the veteran's testimony at a VA hearing indicating he was unemployable due to his service-connected disabilities.

The Board has reopened the veteran's claim of service connection for a low back strain due to new and material evidence submitted since the August 1991 denial. The issue is now on its merits.

The Board denied the veteran's claim for an effective date prior to September 3, 1992 for a 100 percent evaluation for his service-connected somatoform pain disorder with residuals of low back pain.

The Board has determined that the veteran's low back disability existed prior to service and may have been aggravated during service, warranting service connection.

The Board denied compensation under 38 U.S.C.A. § 1151 for residuals of a wound infection acquired as a result of VA treatment, finding no additional disability resulting from the surgery and post-operative complications.

The Board has determined that the veteran's claim for service connection for a back condition is not well grounded, and thus denied.

The veteran's disabilities do not confine him to his house or immediate premises, and he is not in need of regular aid and attendance due to his conditions.

The veteran's service connection claims for bilateral hearing loss, lumbar spine disorder, and tinnitus are all granted. The Board found that the veteran likely has current hearing disability due to disease or injury incurred in service, a back disability secondary to disk space narrowing and degenerative changes, and tinnitus due to his now service-connected bilateral hearing loss.

The Board has granted service connection for lumbar disc disease as secondary to the veteran's service-connected right and left knee disabilities. The case is remanded for further development of medical records.

The Board has determined that new and material evidence has been submitted to reopen the veteran's claim of service connection for a back condition.

The Board denied the appellant's claims for an increased evaluation for his low back disability and a total rating based on individual unemployability due to service-connected disability, finding that the current 50 percent schedular rating adequately compensates him.

The VA denied an increased disability evaluation for the veteran's service-connected low back disorder, currently rated as 20 percent disabling.

The veteran's service-connected disabilities prevented him from securing and maintaining gainful employment as of May 22, 1997. The effective date for the TDIU rating is set at this date.