Back / lumbar spine decisions — 2001

The veteran's claim for a rating in excess of 20 percent for lumbosacral strain is denied due to his failure to report for scheduled VA examinations.

The case is being remanded to the RO for further development of evidence related to the veteran's service-connected low back pain and left knee arthritis, including with orthopedic and neurological examinations. The veteran will be provided an opportunity to respond to any supplemental statements of the case.

The Board denied the veteran's claims for higher initial disability ratings for his service-connected lumbar spine and cervical spine disabilities, finding that the evidence did not support a rating in excess of the current 20 percent for the lumbar spine or 10 percent for the cervical spine.

The Board has denied the veteran's claims of entitlement to higher initial evaluations for reactive airway disease and allergic rhinosinusitis due to a lack of evidence showing marked interference with employment status or necessitating frequent periods of hospitalization.

The Board dismissed the appellant's appeal due to a defective substantive appeal.

The Board has determined that new and material evidence has been submitted to reopen the claim of service connection for a portion of the veteran's current low back strain. The VA physician's opinion supports this finding, linking it to in-service complaints. However, no other diagnosed back disorders are considered related to service.

The Board granted a total rating based on individual unemployability for the purpose of accrued benefits due to significant and severe limitation of motion of the back and functional loss due to back pain as well as serious symptoms from PTSD impairing occupational functioning. The veteran was not found to be in need of regular aid and attendance or bedridden.

The veteran's service-connected back disability required emergency treatment at a private hospital on July 21, 1998. The Board found that the medical care was necessary due to an emergent condition and granted payment for the unauthorized expenses.

The veteran's degenerative joint and disc disease of the lumbar spine is manifested by severe limitation of motion, warranting a 50 percent evaluation.

The Board has reopened the appellant's claim for service connection for a back disability due to new and material evidence submitted since June 1999, including statements from his wife and a friend indicating he had complaints involving his low back continuously since the jeep accident in 1962. The Board also considered opinions from two physicians who concluded that the appellant's current degenerative disc disease is etiologically related to the accident in service.

The Board has found new and material evidence to reopen the veteran's claim for service connection for a back disorder, but further development is needed before the case can be decided.

The Board has granted a 40 percent evaluation for the veteran's chronic lumbosacral strain, finding that it meets the criteria for such an evaluation based on muscle spasms and loss of motion in all planes.

The Board denied the veteran's claims for service connection for a chronic back disorder, an increased rating for tinea pedis, and an increased rating from initial grant of service connection for scar, right anterior tibia. The TDIU claim was also denied.

The Board has determined that the veteran's degenerative arthritis of the lumbosacral spine is service-connected, as it resulted from a contusion sustained during active duty in October 1964.

The veteran's appeal has been dismissed due to his death.

The Board has determined that the veteran's low back disorder was not incurred in or aggravated by his period of active duty, and thus denied the claim for service connection.

The Board has granted increased ratings for the veteran's laceration scar of the right ankle, post-traumatic headaches, and lumbar paravertebral myositis. The veteran is now rated at 10 percent for each condition.

The Board has determined that new and material evidence has not been submitted to reopen the veteran's claims of service connection for a right hip disability, back disability, and residuals of a head injury.

The Board has determined that additional development is needed before the case can be decided. This includes obtaining updated medical records, scheduling a VA examination for the veteran's low back strain and shoulder disability, and ensuring compliance with the Veterans Claims Assistance Act of 2000.

The Board of Veterans' Appeals has granted service connection for the veteran's residuals of a low back injury, finding that it was incurred in service.