Back / lumbar spine Board decisions

The Board has determined that the appellant's lumbar strain disability warrants a rating of 20 percent, which is consistent with his symptoms and clinical findings. The appeal for service connection for degenerative disc disease was granted.

The Board denied the veteran's claims for an initial evaluation in excess of 40 percent for his lumbar spine injury with degenerative disc disease and a prior effective date, finding that the law does not provide for an effective date prior to January 12, 2000.

The VA denied service connection for degenerative disc disease of the cervical spine, finding no evidence linking it to active military service.

The veteran's claims for service connection for a right leg condition and low back condition were denied. His claim for pes planus was granted, but he is not entitled to compensation as it is determined that the condition existed prior to his military service.

The veteran's claims for increased ratings for diabetes mellitus, diabetic neuropathy of the legs, and PTSD were denied. Service connection for a back disorder was also denied.

The Board found no evidence linking the veteran's current left shoulder and back disabilities to service, thus denying service connection for both conditions.

The veteran's claims for increased ratings were denied as the evidence did not meet the criteria for higher evaluations under VA rating criteria.

The veteran is seeking an increased rating for his service-connected lumbar spine disability, which has been rated at 20 percent. The RO should evaluate the claim with consideration of staged ratings consistent with Fenderson and adjudicate based on the amended criteria effective September 26, 2003.

The Board denied the veteran's claim to reopen his service connection for a back disorder, finding that new and material evidence had not been submitted sufficient to warrant reopening of the claim.

The Board has determined that the veteran's left hand disorder, characterized as a scar of the left thumb, was incurred in service. The neck and right shoulder disorders were not found to have their origins during service or for many years thereafter. The back disorder was also not found to be related to service. However, the reduction of the 30 percent rating assigned for the veteran's right hand disorder to a 10 percent rating was upheld as proper.

The veteran's appeal is being remanded to the RO for scheduling a video conference hearing. The case will be returned to the Board after the hearing.

The Board denied the veteran's claims for increased evaluation for lumbosacral strain, service connection for bilateral lower extremity Dupuytren's nodules (claimed as nodules in feet), and service connection for bilateral upper extremity Dupuytren's nodules (claimed as nodules in hands). The claim of service connection for bilateral hip pain was not reopened due to lack of new and material evidence.

The veteran's claim for an increased rating for his service-connected residuals of a fracture, lumbar vertebrae 4, right transverse process is being remanded due to the need for additional evidence and development.

The Board denied the veteran's claims for service connection for bilateral hearing loss, right knee condition, right leg condition, and back disorder. The claim for an increased initial disability rating in excess of 30 percent for PTSD was also denied.

The Board has remanded the case to the RO for additional development due to compliance with legal provisions of the Veterans Claims Assistance Act of 2000 and consideration of newly submitted evidence.

The Board denied the veteran's claim of service connection for a low back disorder, finding that new and material evidence had not been presented to reopen his previous denial. The decision stated that while there was an in-service injury, no medical link could be established between the current condition and service.

The veteran's appeal is remanded for further development, including consideration of additional evidence and adjudication of the issue of service connection for PTSD.

The veteran's claims for increased evaluations of his service-connected disabilities were denied. The RO found that the evidence did not show an increase in symptomatology warranting a higher evaluation.

The veteran's appeal is being remanded for additional development, including obtaining medical records and verifying stressor events. The issues of increased ratings for chronic low back strain and left knee disability, as well as service connection for PTSD, will be reconsidered.

The Board dismissed the appeals of service connection for pancreatitis and malnutrition, cervical spine disability, and duodenal ulcer with gastritis due to a lack of timely filed substantive appeal. The lumbar spine degenerative disc disease is rated at 40 percent.