Back / lumbar spine Board decisions

The Board has determined that new and material evidence has been submitted to reopen the veteran's claim for service connection for a back disorder, which was previously denied in December 1971. The issue is now remanded for further development.

The Board has determined that the veteran's service-connected disabilities do not prevent him from engaging in substantially gainful employment, and thus does not meet the criteria for a total disability rating based on individual unemployability.

The Board is unsure whether new and material evidence has been submitted to reopen the veteran's claim for service connection of a back disability. The case will be remanded for further development.

The Board has determined that the veteran's claim for service connection of a low back disability is not well grounded. The issue regarding compensation under 38 U.S.C.A. § 1151 for a stomach disorder will be remanded due to lack of competent medical evidence showing a nexus between the veteran's VAMC treatment and his stomach disorder. The claim for an increased rating for residuals of fracture of the T-8 vertebra is granted.

The veteran's low back pain/strain is currently rated at 20% effective from the date of original service connection.,The veteran's chronic sinusitis/allergic rhinitis is currently rated at 30%, with a maximum potential rating of 50%. The veteran has had 3 or more incapacitating episodes per year requiring prolonged treatment (4 to 6 weeks).

The Board denied the veteran's claims for service connection of low back, left shoulder, and skin disabilities affecting his lower legs and neck due to lack of evidence of current disability.

The Board denied the veteran's claims for effective dates, increased ratings, and TDIU. The veteran was not granted additional compensation for his spouse D., a 10 percent rating for low back strain, or an increased rating for this condition.

The Board has determined that additional development is required before the claims of increased disability evaluation for chronic low back strain and TDIU can be fully adjudicated. This includes obtaining updated employment information, medical records from the Social Security Administration (SSA), and a social and industrial survey to assess the veteran's employability due to his service-connected condition.

The Board has determined that the appellant's left ear hearing loss is service-connected and granted service connection. The lumbosacral strain issue remains at a noncompensable rating.

The Board has denied the veteran's claims for service connection of a low back disorder and left ear hearing loss, finding that the evidence does not establish an in-service injury or aggravation, and that any current conditions are not related to active military service.

The Board has granted a 60 percent evaluation for residuals of lumbar laminectomy with spinal stenosis, effective November 28, 1994, for purposes of accrued benefits.

The Board has determined that the veteran submitted new and material evidence to reopen his claim for service connection for a low back disorder. The claim is now reopened.

The Board has determined that the combined service-connected disability rating is correctly calculated as 50 percent. The veteran's appeal for a higher rating for lumbosacral strain remains pending.

The veteran's claim for a total evaluation based on individual unemployability was granted effective October 19, 2000. The Board found that the earliest date of entitlement to this rating is June 27, 1994.

The Board denied an increased disability rating for the veteran's service-connected lumbar myofascial strain and degenerative disc disease, currently evaluated at 40 percent.

The veteran's initial disability evaluations for post-operative residuals of left knee ACL and medial collateral ligament injuries, degenerative joint disease of the left knee, and degenerative disc disease at L4-5 and S1 were denied.

The veteran's claim for an increased rating for her service-connected degenerative joint disease of the lumbar spine is being remanded due to insufficient medical evidence and a need for further examination.

The veteran's claims for service connection were denied in an October 1996 rating decision. The Board dismissed the appeal due to lack of timely filing and found no new and material evidence to reopen the claims.

The Board has assigned a 60 percent evaluation for the veteran's lumbosacral strain with degenerative disc disease of the lumbar spine, which is the highest available rating under Diagnostic Code 5293.

The Board has determined that new and material evidence has not been submitted to reopen the claim for service connection for a back disorder, thus denying the claim.