Back / lumbar spine Board decisions

The Board has determined that the overpayment of $19,872.07 was properly created due to fraud committed by the appellant.

The Board found no evidence of a chronic eye disability, back disability, or psychiatric disability separate from the service-connected residuals of cranial trauma with post-traumatic cephalalgia and migraine-type headaches. Therefore, service connection for these conditions was denied.

The Board has determined that the veteran's service-connected intervertebral disc disease of the lumbar spine warrants a 40 percent rating, but not greater. The arthritis of the thoracic spine is rated as 10 percent disabling.

The veteran's service-connected disabilities have been rated at 10% and 20% since December 16, 1987. The RO has increased the rating to 20% for his lumbar spine and right hip injury residuals with secondary degenerative disc disease of L4-5 and L5-S1 effective from September 24, 1996.

The veteran's claim for service connection for a low back disability is being remanded due to the need for additional development, including obtaining medical records and conducting an examination.

The Board has determined that the veteran's current low back disorder is related to an injury sustained during service, and thus grants service connection for a low back disorder.

The veteran's service-connected low back strain is currently rated at 40 percent from August 2, 2000. The Board found that the evidence did not warrant an evaluation in excess of this rating.

The Board denied service connection for post-traumatic stress disorder and an acquired back disorder, finding that the evidence did not support a link between current symptoms and in-service events.

The Board found no evidence of a chronic low back, neck, or left shoulder disorder during active service. The veteran's current conditions are attributed to post-service work-related injuries.

The Board denied the veteran's claims for service connection for a low back disability and an ear disability other than hearing loss and tinnitus. The claim for service connection for residuals of a head injury or other injury sustained during service, other than hearing loss and tinnitus was granted. The right knee laceration is currently rated as non-compensably disabling, and the veteran's bilateral hearing loss is currently rated at 10%. No effective date was provided.

The Board has determined that the initial evaluations for low back disorder and headaches were appropriate, but the RO improperly reduced them to noncompensable ratings.

The Board has granted a 60 percent evaluation for the service-connected lumbosacral strain, status post L3-L4 laminectomy, which is the maximum schedular evaluation assignable under applicable Diagnostic Codes.

The veteran is seeking an increased evaluation for his service-connected lumbosacral strain, which has been rated at 20 percent. The RO must obtain VA outpatient treatment records and affords the veteran a new VA examination to determine if his disability warrants a higher rating.

The Board has determined that the evidence submitted since the September 1997 decision does not constitute new and material evidence to reopen the claims for service connection for a low back disorder and traumatic arthritis of both knees.

The Board found that the veteran's preexisting low back disorder did not increase in severity during service, and thus denied his claim for service connection.

The veteran's claim for nonservice-connected pension benefits was granted effective from September 2, 1997. The effective date is not earlier than the date of receipt of his reopened claim on March 31, 1994.

The Board has determined that the veteran's gunshot wound to the left lumbar region does not warrant a compensable rating, as there is no evidence of muscle impairment or significant scarring.

The Board found that the appellant's pre-existing low back condition existed prior to her entry into service and did not undergo a permanent increase in severity during service. Therefore, she is denied service connection for her low back disability.

The Board has denied service connection for a low back disability and bilateral shoulder osteoarthritis, finding no evidence that these conditions are related to the appellant's service-connected left knee disability. The increased rating claim for internal derangement of the left knee is also denied.

The Board has granted service connection for a low back disorder claimed as secondary to the veteran's service-connected right knee disability.