Back / lumbar spine Board decisions

The veteran's appeal was timely and adequate, allowing for the continuation of his existing disability ratings.

The veteran's claim for a total disability rating based on individual unemployability has been granted, effective March 6, 1996. The permanent nature of his disabilities was also established.

The Board denied the appellant's request to reopen his claim for service connection for a back disorder, claiming osteoarthrosis. The evidence submitted was found not new and material.

The veteran's service-connected low back strain with osteophyte and narrowing of the L5-S1 disc space is productive of severe impairment, but does not meet the criteria for a higher evaluation.

The veteran's service-connected low back disability, DDD of L4-5, is rated noncompensably disabling. The Board found that the evidence did not support a compensable evaluation as his current symptoms are related to a nonservice-connected work injury.

The veteran is seeking service connection for fibromyalgia, which he claims is secondary to his service-connected lumbosacral strain. He also seeks an increased evaluation for his lumbosacral strain and TDIU benefits.

The veteran's appeal for service connection on all the listed issues was dismissed due to a failure to file a timely substantive appeal.

The veteran's disabilities do not render him unable to care for most of his daily personal needs without assistance from others, nor do they render him unable to protect himself from the hazards and dangers incident to his daily environment. The criteria for an award of special monthly pension benefits based on the need for regular aid and attendance or by reason of being housebound have not been met.

The Board denied the veteran's claims for effective dates earlier than March 21, 1997 and July 10, 1995 for service connection and increased ratings for his back disorder and bilateral hearing loss, respectively.

The Board has reopened the claim for service connection for residuals of a low back injury due to new and material evidence submitted since the last final denial. The appeal is granted.

The veteran's appeal is being remanded for further development and readjudication, including consideration of staged ratings for PTSD and additional diagnostic codes for the back disability.

The Board denied the veteran's claim for a compensable rating for low back pain due to scoliosis, finding no evidence of impairment that would warrant such a rating based on his full range of motion and lack of subjective discomfort.

The Board has remanded the case to the RO for further proceedings, including arranging for a medical examination and obtaining clarifying opinions on the veteran's service-connected disabilities and their impact on his ability to work.

The Board has granted an earlier effective date of December 14, 1993 for the award of a total disability rating based on individual unemployability due to service-connected disabilities.

The Board has granted service connection for sinusitis and SBO, but denied service connection for myofascial pain of the lumbar spine. The veteran was awarded a noncompensable rating for his left knee disability in March 1995 and a compensable (10%) rating for his right knee disability as of November 1994.

The Board has determined that there is no new and material evidence to reopen the veteran's claims for service connection for pseudofolliculitis barbae, a back disorder, and pes planus. The previous denials of these claims are considered final.

The Board denied the appellant's claim for an effective date earlier than August 25, 1995 for service connection for lumbar disk disease with left leg weakness and left hip symptoms. The effective date was set at August 25, 1995 based on the receipt of his claim for service connection.

The veteran's claim for an increased rating for lumbosacral strain was granted, and his service connection for polymyoclonus was granted with a retroactive effective date of September 8, 1995.

The Board has determined that the veteran's low back disability, manifested by spondylolisthesis of the lumbar spine with degenerative disc disease, warrants a 40 percent evaluation.

The Board has granted an initial rating of 40 percent for the veteran's service-connected degenerative disc disease and bulged disc at L4-L5, effective since the grant of service connection.