Back / lumbar spine Board decisions

The Board denied service connection for a low back disorder, including lumbar fibromyositis and herniated nucleus pulposus at L5-S1. The claim for service connection for herniated nucleus pulposus was also denied.

The Board has remanded the case for further development and consideration of whether new and material evidence has been submitted to reopen the claim for service connection for a back disability. The appellant is requested to provide information regarding medical treatment received for his back disability.

The Board denied the veteran's claims for increased ratings for residuals of lumbosacral strain and status post fracture of the distal right radius (major), finding that the evidence did not support an evaluation in excess of 10 percent.

The Board has denied the veteran's claim for a higher rating for his service-connected myositis of the erector spinae due to insufficient medical evidence and the veteran's failure to comply with VA's efforts to have him reexamined.

The Board found no evidence of a chronic seizure/syncope disorder and concluded that the veteran's symptoms were better explained by pseudoseizures. Therefore, service connection for a seizure disorder was denied.

The Board of Veterans' Appeals has determined that the veteran's degenerative disc disease at T11-12 and L1-2 is related to his in-service back strain, which was diagnosed during service. The Board finds that the preponderance of evidence supports this claim, including medical opinions from VA neurosurgeons.

The Board denied the appellant's claim for service connection for residuals of a lumbar spine injury in December 1998. The appellant submitted additional evidence, but it was not considered new and material to reopen his claim.

The veteran's claim for service connection was granted effective March 5, 2000. His right L4 radiculopathy, degenerative joint disease of L5-S1 and lumbar myositis is currently rated at 40%.

The Board has reopened the veteran's claims of entitlement to service connection for PTSD and a back disorder due to new evidence submitted since the 1988 decisions. The appeals are now before the RO for further consideration.

The Board denied the veteran's request for waiver of a $7,678 overpayment of improved pension benefits, finding that repayment would not be against equity and good conscience due to the significant financial hardship demonstrated by the veteran.

The veteran's service-connected chronic lumbar strain has been rated at 10 percent prior to September 28, 1998 and at 20 percent from that date. The appeal is denied as the disability does not warrant a higher rating under applicable criteria.

The Board denied increased ratings for residuals of a fracture of the C-2 vertebra with degenerative disc disease of the cervical spine, numbness of the left hand, and numbness of the left facial nerve, maxillary branch due to failure to report for scheduled VA examinations.

The Board has ordered a remand due to the need for additional medical examinations and information regarding employment status. The appellant's disabilities, including hypertension and hyperlipidemia, have not been fully evaluated in the context of pension purposes.

The Board has determined that the veteran incurred asthma in service and has a current low back disorder, but there is no competent evidence of a current bilateral ankle disorder. The electric shock to the left arm issue was not addressed as it lacks supporting medical evidence.

The Board finds that the veteran's herpes zoster/shingles, back disability, bilateral foot disabilities, and headaches are service-connected as they are part of an underlying condition.

The Board has restored the veteran's 60 percent disability evaluation for his service-connected low back disability and denied an increased rating, finding that the evidence did not demonstrate improvement warranting a higher evaluation.

The Board has established a total rating based on individual unemployability effective from May 31, 1997. The appellant's combined schedular evaluation was 100 percent permanent and total as of that date.

The veteran's service-connected low back disorder is now rated at 10 percent effective July 10, 1998.

The Board has remanded the case due to changes in VA laws and regulations, requiring further development of evidence.

The veteran's claim for a higher rating for his service-connected low back disability was granted, and he is now assigned the maximum schedular evaluation. His claim for a total disability rating based on unemployability due to service-connected disabilities was also granted.