Back / lumbar spine decisions — 2003

The Board dismissed the motion for CUE because the moving party failed to adequately set forth the alleged CUE, or errors, of fact or law in the July 1990 decision.

The Board found that a monthly apportionment of $200 for each child of the veteran in the appellant's custody is warranted due to demonstrated need and financial hardship.

The Board denied an increased rating for the veteran's lumbosacral strain, finding that his disability is currently rated as 20 percent disabling and does not warrant a higher evaluation.

The Board of Veterans' Appeals has determined that the veteran's current back disorder, which was first diagnosed several years after service, is not related to his military service and therefore denied the claim for service connection.

The veteran's claim for increased evaluation of his staph scars was granted, with a rating of 30 percent effective from August 30, 2002. The claims for PTSD and low back disability were denied.

The VA has determined that the veteran's lumbar spine disability, characterized as traumatic arthritis, does not warrant an increased rating beyond the current 20 percent assigned since September 1949.

The Board has determined that new and material evidence sufficient to reopen the veteran's claim of entitlement to service connection for a low back disability has been received, thus granting the petition to reopen.

The veteran meets the criteria for a 60 percent disability rating for his lower back disorder, including intervertebral disc syndrome.

The Board has found new and material evidence to reopen the claim for service connection of lumbar spine disc disease, which was previously denied in May 1994. The medical opinion provided by Dr. B. supports a finding that the veteran's current condition is related to his military service.

The Board determined that the veteran's death was not caused by or a result of any service-connected disability, and thus denied the claim for service connection for the cause of the veteran's death.

The veteran's effective date for a 60% rating for his service-connected low back disorder is set at November 21, 1991. The case also grants an effective date of the same day for TDIU.

The Board denied the veteran's claims for increased ratings for his service-connected lumbosacral strain and left shoulder bursitis, finding that the evidence did not support a higher rating under the applicable diagnostic codes.

The Board has determined that the appellant does not have service connection for hearing loss, right ankle injury, right wrist sprain, tinnitus, left knee chondromalacia, serous otitis media, or cyst of the right testicle. The evaluation for lumbosacral strain is 10 percent.

The Board has remanded the case for a tele-video conference hearing due to the veteran's request, and then will be reviewed by the Board.

The Board has determined that new and material evidence has been received to reopen the veteran's claim of service connection for a back disability, which was previously denied in July 1986.

The VA granted a 10 percent evaluation for the veteran's low back injury, effective from February 18, 2000. The decision also noted that her disability has made it difficult for her to maintain employment due to her pain.

The Board found that the veteran's disability of the lumbosacral spine, manifested by limitation of motion, does not more nearly approximate severe than moderate; therefore, an evaluation in excess of 20 percent is denied.

The Board denied service connection for a low back disability and denied ratings in excess of 20 percent for right and left knee disabilities.

The Board has reopened the appellant's claim for service connection for a back condition due to new and material evidence provided by his physician, which suggests that his current back condition was likely aggravated during service.

The Board denied the veteran's claims due to her failure to report for scheduled VA examinations without good cause.