Back / lumbar spine Board decisions

The veteran's claims for increased ratings and a total disability rating based on individual unemployability were denied. The RO confirmed the existing combined rating of 90 percent for service-connected disabilities, which included bilateral hearing loss (rated at 60%), lumbosacral strain (rated at 40%), PTSD (rated at 30%), residuals of TUR of the bladder neck with benign prostatic hypertrophy (rated at 20%), and a cyst of the epiglottis (noncompensable).

The Board denied the veteran's claims for an initial rating in excess of 30 percent for endometriosis from October 14, 1994 to March 23, 1998 and for a higher rating on an extra-schedular basis during this period. The veteran's endometriosis was rated at 30 percent disabling under Diagnostic Code 7629.

The veteran's request for an effective date earlier than October 1, 1998 for payment of additional dependency allowance for his two dependent children was denied. The RO had previously granted a 60 percent rating for the veteran's service-connected lumbosacral spondylosis on February 28, 1995.

The Board has determined that the case must be remanded to obtain additional medical records and determine if the veteran's current back disorder is related to his inservice injury.

The Board has granted service connection for left hip sprain and assigned a 10 percent evaluation. The veteran's lumbar spine injury is rated as moderate with no additional limitation due to pain, spasm, or weakness. Bilateral tinnitus is rated at the maximum allowable under VA guidelines. Service connection was also established for bilateral hearing loss and right hip sprain. A noncompensable rating has been assigned for bilateral hip tendonitis.

The Board has determined that new and material evidence has been presented to reopen the veteran's claim for service connection for a back disorder. The evidence, including a private medical opinion linking the current back condition to an in-service injury, is sufficient to meet this requirement.

The Board denied the claims for increased evaluations and eligibility for educational assistance, finding no new evidence to reopen service connection claims or establish entitlement. The low back condition was rated as noncompensable, chondromalacia of both knees as noncompensable, residuals of a left foot scar as noncompensable, and hallux valgus on the right as 10 percent disabling for purposes of accrued benefits.

The veteran's claim for an earlier effective date for the award of service connection for chronic left shoulder disability is denied.,The veteran's claim for a higher rating for his right knee disability and entitlement to TDIU are granted, with the effective dates being August 18, 1997, and November 6, 1996 respectively.,The veteran was found unemployable due to service-connected disabilities as of November 6, 1996.

The Board has determined that the evidence does not support a finding of entitlement to an increased evaluation for any of the veteran's service-connected disabilities. The current 10 percent ratings are deemed appropriate based on the clinical findings and diagnostic codes applied.

The veteran's claims for increased evaluations for her service-connected temporomandibular joint sprain and low back sprain were denied by the RO. The Board has remanded the case to ensure that all relevant evidence is obtained and considered.

The VA denied the veteran's claim for a temporary total evaluation due to treatment of his service-connected lumbar spine disability, as there was no evidence of surgical procedures or hospitalization exceeding 21 days.

The Board denied the appellant's claims of service connection for back injuries and degenerative changes of the cervical spine due to lack of verified active duty, inactive duty training, or active duty for training during April 1977. The additional evidence submitted does not provide a more complete picture of the circumstances surrounding the appellant's attendance at National Guard training in April 1977.

The case is being remanded for additional development to comply with the Veterans Claims Assistance Act of 2000 (VCAA).

The VA has determined that the veteran's lumbosacral strain does not warrant an increased evaluation beyond the current 20 percent rating.

The Board has determined that the appellant submitted new and material evidence subsequent to the December 1981 Board decision, which allowed for reopening of his claim. The Board concluded that the April 1989 denial was not correct in applying the statutory and regulatory provisions at that time, committing clear and unmistakable error by not reopening the claim.

The Board found that the decision of May 7, 1985, which terminated a total disability rating based on individual unemployability was not in accordance with the existing law and regulations because the RO failed to apply the 'clear and convincing evidence' standard of proof.

The veteran's claims for service connection were denied as his conditions did not result from disease or injury in service, and the evidence submitted since the 1994 denial was not new and material.

The veteran's service-connected lumbosacral strain and pulmonary tuberculosis (PTB) and bronchiectasis have not met the criteria for higher ratings. The RO found that his conditions do not warrant a rating in excess of the current assigned percentages.

The Board has remanded the case due to insufficient evidence regarding the severity and etiology of the veteran's service-connected low back disorder, including whether any current lumbar spinal abnormalities are related to military service or the service-connected condition.