Back / lumbar spine decisions — 2001

The veteran's service-connected degenerative disc disease, L4-S1, with spondylosis is currently rated at 20 percent. The Board has determined that the evidence supports a higher rating to 40 percent.

The veteran's claims for increased evaluations for his service-connected disabilities are being remanded due to the need for additional examinations and development of evidence.

The Board denied the appellant's claims for service connection for various conditions, including arthritis of the lumbosacral spine and other musculoskeletal issues. The decision also noted that new evidence submitted did not meet the criteria to reopen the claim.

The Board has ordered additional development to determine the cause of the veteran's death and whether his treatment for service-connected disabilities contributed to his suicide.

The Board has granted initial compensable evaluations (10%) for the veteran's service-connected lumbar strain and right hip strain, finding that these conditions are secondary to his service-connected right femur disability. The evidence supports a 10% rating for each condition.

The Board denied the veteran's claim for service connection for a lower back disability in September 1997. The evidence received since then does not provide new and material information to reopen the claim.

The Board granted a 20 percent evaluation for myalgia of the paraspinous lumbar muscles and denied an increased evaluation for herniated disc of the cervical spine, but allowed restoration of a previously assigned 30 percent evaluation.

The veteran's degenerative joint disease of the lumbosacral spine is currently evaluated as 20 percent disabling. The Board finds that this evaluation is appropriate and does not meet the criteria for a higher rating or total disability based on individual unemployability.

The Board has granted a 20 percent evaluation for the service-connected lumbar spine strain and a 10 percent evaluation for the service-connected gastroesophageal reflux disease.

The Board has remanded the veteran's claims due to new legal requirements and additional development needed.

The Board denied the veteran's claims for ratings in excess of 20 percent and 60 percent for his service-connected lumbosacral strain with degenerative disc disease, finding that the current evaluations adequately reflected the severity of his disability.

The Board dismissed the appeal due to the appellant's withdrawal of his appeal prior to a decision being made.

The Board has dismissed the appeal for service connection of back, left shoulder, and hiatal hernia disabilities as secondary to the veteran's service-connected right knee disability due to a failure to file a timely substantive appeal. The total disability rating based on individual unemployability claim is also denied.

The Board has denied the veteran's claims to reopen his service connection claims for a cervical spine condition, low back condition, anal fissures, and anxiety disorder due to lack of new and material evidence.

The veteran's service-connected disabilities do not prevent him from obtaining or retaining employment consistent with his abilities, aptitudes, and interests. Therefore, he does not meet the criteria for vocational rehabilitation training.

The veteran's claim for an increased evaluation of his lumbosacral strain disability is being remanded due to insufficient evidence and the need for further examination.

The Board has dismissed the appeal as the veteran did not timely file a substantive appeal or request an extension of time to do so.

The Board has found that new and material evidence has been presented to reopen the claim of service connection for a back disability, which was previously denied in July 1950. The veteran's current diagnosis of low back pain secondary to disc herniation and degenerative disc disease is significant because it was not shown at the time of the previous denial.

The Board denied the veteran's claim for service connection for residuals of a low back injury due to insufficient evidence and incomplete medical records. The veteran was advised to provide information about his treatment history, obtain copies of relevant VA and non-VA medical records, and contact witnesses.