Back / lumbar spine Board decisions

The Board has granted increased ratings for the veteran's right hip disability and degenerative joint disease of the lumbar spine, both currently rated at 20 percent.

The Board has denied the veteran's claims for service connection for degenerative joint disease of the lumbar and thoracic spine, as well as his requests for increased ratings for tinnitus and cervical spine disorder. The appeals were not granted due to lack of evidence linking these conditions to service or service-connected disabilities.

The Board has determined that the claim on appeal must be remanded to ensure compliance with due process considerations, including providing a supplemental statement of the case and considering whether new and material evidence has been submitted to reopen the service connection claims for cervical spine, lumbar spine, and knee disabilities.

The Board has determined that the veteran's claims for increased evaluations are denied as there is no evidence showing that his service-connected conditions warrant a rating higher than 20 percent for each condition.

The Board denied the veteran's claims for service connection and effective dates for his left shoulder disability, chronic synovitis of the left elbow, and myofascial pain syndrome of the lumbosacral spine. The RO must review these claims again with consideration of the Veterans Claims Assistance Act of 2000.

The Board denied the veteran's request for an earlier effective date of April 19, 2001, for a grant of TDIU due to his service-connected disabilities. The RO found that the claim was received on April 19, 2001.

The veteran's severe back disability, along with other conditions, meets the criteria for special monthly pension benefits due to the need of regular aid and attendance.

The Board has granted increased evaluations for the veteran's service-connected traumatic arthritis of the right knee and degenerative joint disease of the lumbar spine, but denied an increase in evaluation for his service-connected traumatic arthritis of the left knee. The RO needs to implement these changes.

The Board has denied the veteran's claims of entitlement to service connection for a back disorder, arthritis, a bilateral knee condition, and anxiety with major depression. The evidence submitted since the February 1997 decision is not new and material.

The Board has determined that the veteran's low back disorder and left thumb fracture with arthritis were not incurred in or aggravated by service, nor can they be presumed to have been so incurred. The veteran is also denied a total disability rating based on individual unemployability due to his service-connected disabilities.

The veteran's service-connected degenerative joint disease at L4-5 and L5-S1 with degenerative spondylosis of the lumbar spine has been assigned a maximum schedular evaluation of 60 percent. The Board concludes that an evaluation greater than 60 percent is not warranted.

The veteran's low back disorder, rated at 20 percent for moderate limitation of motion and minimal neurological impairment, is not entitled to a higher evaluation as the disability picture does not more nearly approximate the criteria for any higher rating.

The veteran's claims for increased ratings for her service-connected traumatic arthritis of the lumbar and dorsal spines have been denied. The RO has granted increased schedular ratings, but did not grant extraschedular ratings in excess of those assigned.

The Board denied the veteran's claims for increased evaluation of venous varicosities, service connection for hypertension and right knee/leg disability as secondary to his service-connected venous varicosities, and service connection for a low back disorder. The claim for reopening a direct-service connection claim for a back disorder was also denied.

The Board denied the veteran's claims for service connection for a chronic low back strain and for nonservice-connected pension benefits. The decision noted that there was no probative evidence indicating the veteran received treatment for chronic low back pain during his military service.

The veteran's claim for service connection for a low back disability secondary to his service-connected cervical spine strain with degenerative changes is being remanded due to the need for additional evidence and further examination.

The Board denied increased ratings for the veteran's lumbar spine disability, hypertension, and bilateral high frequency hearing loss.

The Board denied reopening the claims for herniated nucleus pulposus, lumbar spine and bone spurs of the feet. The veteran's PTSD symptoms were not found to meet criteria for a higher rating. His burns and chest wound residuals did not warrant increased ratings.

The Board denied the appellant's request for an effective date earlier than October 1, 1993 for the payment of DIC benefits based on new and material evidence. The claim was reopened and allowed due to the receipt of such evidence, but the effective date is limited by law.

The veteran's low back disability, characterized by severe pain and limitation of motion due to degenerative disc disease and arthritis, has been rated at 60 percent. This is the highest possible rating under Diagnostic Code 5293 for intervertebral disc syndrome.