Back / lumbar spine Board decisions

The Board found that the veteran does not have a right knee disorder related to his period of service and denied his claim for service connection.

The Board has denied the veteran's claims for service connection for a low back disability with leg cramps and an acquired psychiatric disorder, finding that there is no evidence of such conditions during or within one year after his period of active duty.

The veteran's calluses on both feet are rated at 50% since the effective date of service connection. The cervical spine disability is currently rated at 10%. Both ratings remain unchanged.

The Board denied the veteran's claims for service connection for right hand disability, bilateral eye disability, and back disability. The veteran also failed to meet the criteria for special monthly pension due to lack of need for aid and attendance or housebound status.

The veteran's appeal for an initial evaluation in excess of 30 percent for his pain disorder (claimed as depression) is dismissed due to failure to file a timely Substantive Appeal. The other issues are addressed, but the appeal for the higher initial evaluation for the pain disorder is dismissed.

The Board has remanded the case for additional development due to new notification provisions under the Veterans Claims Assistance Act of 2000 and other issues.

The Board has determined that new and material evidence was received to reopen the veteran's claim for service connection for a back disability, which had previously been denied. The case is remanded for further development.

The Board has determined that the veteran's low back disorder had its inception during active service, and therefore grants service connection for a low back disorder.

The veteran's claims for service connection for PTSD, low back pain, and peripheral neuropathy (due to exposure to herbicides) were granted. The claim for a right shoulder disorder was not claimed. No rating assigned as the issue is still pending.

The Board denied the veteran's claim of service connection for a lumbosacral spine disability, finding that there was not enough evidence to relate his current condition to his in-service injury.

The Board found that the veteran did not have a current hearing loss disability in his right ear and failed to establish an inservice occurrence of a right ear hearing loss disability. Therefore, service connection for hearing loss was denied.

The Board denied the veteran's claims for earlier effective dates for service connection due to a failure of military personnel to forward his application, finding that there was no legal basis for such an award.

The veteran's claims for increased evaluations for his service-connected knee and back disabilities were denied. The RO continued the current ratings of 10 percent for chondromalacia of both knees, 20 percent for polyarthralgia, and no rating for lumbosacral strain.

The Board denied service connection for a low back disorder and granted a 50 percent rating for PTSD. The veteran's low back disorder was not found to be incurred in or aggravated by his active military service, nor is it considered secondary to the service-connected residuals of a shell fragment wound to the right clavicle. For PTSD, the Board found that the disability results in considerable social and industrial impairment but does not meet the criteria for a higher rating.

The Board has granted an increased rating to 60 percent for the veteran's service-connected low back disability, which is characterized by degenerative disc disease of the lumbosacral spine with multiple herniated discs.

The Board has reopened the veteran's claim of service connection for a low back disability due to new and material evidence submitted since the last denial. However, further development is needed as VA examinations are required under recent legislation.

The VA determined that the veteran's degenerative disc disease of the lumbar spine warrants a 10 percent rating, effective April 9, 1996.

The RO denied the veteran's claim for service connection for arthritis and degenerative joint disease of the lumbosacral spine in a decision dated November 15, 1994. The veteran did not file an appeal.

The Board found that the veteran's claimed loss of use of both lower extremities and loss of bladder control were not caused or aggravated by his service-connected low back disorder.,The Board also determined that the veteran's service-connected disabilities did not preclude substantially gainful employment.

The veteran's degenerative disc disease of the lumbar spine is currently rated as 10 percent disabling, and the Board finds no basis to grant a higher rating.