Back / lumbar spine decisions — 2001

The Board denied the veteran's claim for compensation under 38 U.S.C.A. § 1151 for residuals of left hip surgery performed at a VA facility and also determined that new and material evidence had not been submitted to reopen his service connection claim for a back disorder.

The VA denied the veteran's claim for a higher rating for her service-connected low back strain, finding that the evidence did not support a compensable evaluation.

The Board has remanded the case due to issues of service connection and increased evaluation for low back disability. The appellant's claim of entitlement to an increased rating for his low back disability is being addressed, along with a new issue regarding service connection for disc disease at L4-5.

The veteran's appeal is about his service-connected low back disability and whether he should receive a higher rating for it. The Board has ordered additional medical examination to determine the extent of his left lower extremity disability, if any, and its relationship to his service-connected low back strain.

The Board is remanding the case due to new evidence and legal changes, requiring additional development of the claims for service connection.

The Board denied the veteran's claim for service connection for dysthymia, secondary to his service-connected degenerative changes of the lumbar spine. The case is being remanded due to new legal requirements under the Veterans Claims Assistance Act of 2000.

The Board has granted a compensable disability evaluation for the service-connected low back strain, but denied other issues related to the veteran's back.

The Board's decision is being remanded to the RO for initial review and adjudication of the issue of eligibility for payment of attorney fees from past-due benefits.

The Board has determined that the veteran's degenerative disc disease and arthritis of the lumbosacral spine may be related to his active service, granting service connection for these conditions.

The Board has granted a 20 percent rating for the veteran's degenerative disc disease of the cervical spine, finding that it is productive of no more than mild disability and moderate limitation of motion.

The Board denied an earlier effective date for a grant of service connection for a low back disability, finding that the September 15, 1998 application to reopen was the proper effective date.

The Board granted the veteran's claims for increased evaluations for his service-connected post-operative stenosing tenosynovitis of the left wrist and osteochondroma of the left distal radius, currently rated at 10 percent. The lumbosacral spine injury with degenerative disc disease and osteoarthritis is also granted a 20 percent evaluation.

The veteran is entitled to an effective date of January [redacted], 1998, for the payment of additional compensation for his spouse.

The veteran's claim for an increased rating for his service-connected low back disorder is being remanded to the RO for further development, including obtaining additional medical records and scheduling VA orthopedic and neurologic examinations.

The Board has reopened the veteran's claim for service connection for a back disorder, including spondylolysis. The case is remanded to obtain additional medical records and conduct an examination.

The veteran's low back disability is currently rated at 40 percent, which is the maximum rating available under the applicable diagnostic codes. The claim for an increased rating is denied.

The Board has determined that the veteran's service-connected PTSD meets criteria for a 100% evaluation since July 1, 1997. However, prior to this date, the veteran did not meet the criteria for a schedular rating greater than 50 percent.

The Board has remanded the case for additional development due to issues regarding service connection and a rating for right ankle disability. The veteran's low back disorder may be related to his service-connected right ankle fracture with traumatic arthritis, but this needs further investigation.

The Board has determined that the apportionment of $112 per month for the veteran's minor child, DMD, is proper and does not cause financial hardship on the veteran.

The Board found that the veteran's lumbosacral strain manifested severe limitation of motion from March 10, 1999 and granted a 20 percent disability evaluation for this period.