Back / lumbar spine decisions — 2002

The Board has determined that new and material evidence has been presented to reopen the claim of service connection for a low back disorder, which will now be considered on its merits.

The Board denied the veteran's claims for increased evaluations, finding that the current disability did not warrant a rating higher than 60 percent as of April 7, 1999.

The veteran's claim for an initial rating in excess of 60 percent for his service-connected lumbar spine disability is being remanded due to the need for additional development and consideration under the new criteria.

The veteran's appeal is being remanded due to the need for a videoconference hearing at his local VA office. The issues of service connection for low back strain and fracture, right ankle with traumatic arthritis are still pending.

The veteran has withdrawn his appeal for an initial rating in excess of 40 percent for degenerative disc disease of the lumbar spine.

The veteran's claim for service connection for lumbosacral myofascial strain with radiculitis, claimed as a back condition is being remanded to the RO for scheduling of a Travel Board hearing.

The Board found no evidence of a current back disorder related to service, and denied the veteran's claim for service connection.

The veteran's service-connected disabilities do not render him unemployable as a result of his ability to secure and follow substantially gainful employment.

The Board has determined that the veteran did not file a timely substantive appeal regarding his claim for service connection for a back condition, and therefore lacks jurisdiction to consider this issue.

The veteran's claim for service connection for right wrist injury residuals was denied. The issues of reopening claims for low back and left wrist disorders, as well as the temporary total rating claim, are pending further review.

The Board has reopened the veteran's claim of service connection for a low back disability due to new and material evidence submitted since the last final denial. The appeal is granted.

The Board denied the veteran's claim for service connection for post-operative lumbar fusion with spondylolisthesis and spinal stenosis, finding no competent medical evidence to support a link between his current back disability and active military service.

The Board found no evidence of a chronic low back disability associated with the veteran's active service and denied his claim for service connection.

The veteran's claim for compensation benefits under the provisions of 38 U.S.C.A. § 1151 for a low back injury based on additional disability due to treatment at a VA facility in August 1998 is denied.

The veteran's claim for service connection of several disorders, including a right shoulder disorder and neck disorder, was granted by the RO on January 2, 2001. The Board denied an earlier effective date due to lack of evidence supporting such a request.

The veteran's motion for review of a prior decision of the Board on the basis of CUE has become moot due to her death, and thus the case is dismissed.

The Board denied service connection for degenerative disc disease of the lumbar spine and granted a 20 percent evaluation for lumbosacral strain from April 18, 1992.

The Board found no evidence of a chronic low back disability during the appellant's period of active duty training (ACDUTRA) and concluded that there is insufficient medical evidence to establish a nexus between his current low back disorder and his service.

The veteran's attempt to reopen his claim of entitlement to service connection for low back pain due to spinal anesthesia was not timely appealed, and the Board is without jurisdiction to adjudicate this claim.

The Board found no evidence of a chronic acquired low back disorder during service or within the first post-service year, and concluded that any current low back disorder is not related to service.