Back / lumbar spine decisions — 2001

The Board denied the veteran's claims for service connection for low back strain, bilateral flat feet, hepatitis, and chronic gastritis. The decision is based on a lack of evidence showing current disabilities or a link to military service.

The veteran's claims for increased ratings for hypertension have been denied. The claim for a back disorder has been reopened, but the evidence does not meet the criteria for an evaluation in excess of 10 percent prior to January 12, 1998 or in excess of 20 percent beginning that date.

The Board has denied the veteran's claims for service connection for right hip, left knee, and low back disorders as not well grounded. The RO also increased the evaluation for post-concussion syndrome with post traumatic migraine headaches and memory loss to 30 percent.

The veteran's sole service-connected disability, arthritic changes of the lumbosacral spine with recurrent lumbosacral strain and signs of nerve root irritation, rated at 60 percent disabling, does not render him unemployable due to his service-connected disability.

The veteran's death was not service-connected, and the appellant did not demonstrate clear and unmistakable error in prior decisions. Therefore, DIC benefits under 38 U.S.C. § 1318 were denied.

The Board denied the veteran's claims for increased ratings for his lumbar spine disability, maxillary sinusitis/rhinitis, and migraine headaches. The TDIU claim was also denied as the veteran is not precluded from substantially gainful employment due to his service-connected disabilities.

The Board has remanded the case for additional development, including obtaining medical records and scheduling examinations to determine the current severity of the appellant's service-connected lumbosacral strain and any left ankle disorder. The claims for increased disability evaluation and service connection will be readjudicated after these actions.

The Board has found that the veteran's current low back disability is related to her military service and remands the case for further development, including obtaining medical records and scheduling a VA examination.

The veteran's appeals for increased evaluations of his service-connected lumbosacral strain and thoracic and left trapezius strain have been dismissed as the veteran withdrew his notice of disagreement.

The VA denied an evaluation in excess of 40 percent for the veteran's low back injury with degenerative disc disease, finding that the current rating adequately reflects his disability.

The veteran's low back disability, including residuals of a lumbar spine injury with post-operative residuals, is currently rated at 20 percent. This rating remains in effect as the appeal pertains to an original increased disability evaluation.

The Board has denied the veteran's claims for service connection for back and thyroid disorders, finding no new and material evidence to reopen them.

The veteran's severe limitation of motion in the lumbar spine warrants a disability rating of 40 percent.

The veteran's disabilities render him unable to independently care for his daily personal needs on a regular basis without assistance from another person, meeting the criteria for special monthly pension by reason of being in need of aid and attendance.

The veteran's service-connected lumbosacral strain is not more than 20 percent disabling according to the applicable schedular criteria.

The Board has reopened the veteran's claim and determined that new evidence submitted since the May 1989 denial supports a finding of service connection for a back disability. The RO denied service connection initially because no post-service medical records indicated any link between the veteran's current condition and his in-service injury, but the additional evidence shows documented post-service injuries and treatment.

The Board denied the veteran's claims for service connection for lumbar disc herniation secondary to his lumbosacral strain disability and an increased evaluation for residuals of chronic lumbosacral strain and partial left sciatica, finding that the veteran's current low back symptoms are not proximately due to or the result of his service-connected condition.

The Board has reviewed the veteran's claims and found that new and material evidence has not been submitted to reopen several service connection claims. The original denial of these claims remains final.

The veteran's service-connected left ankle sprain and lumbosacral strain resulted in a temporary total disability rating due to hospitalization, with the effective date for the increased disability ratings set at February 21, 1990.

The Board denied the veteran's claims for service connection of a back disorder and hip disorder, finding that these conditions were not causally related to his service-connected left BKA.