Back / lumbar spine Board decisions

The Board of Veterans' Appeals (Board) denied the appellant's claim for nonservice-connected pension benefits, finding that he was not permanently precluded from performing substantial employment due to his physical disabilities.

The Board has denied the veteran's claims for service connection for left shoulder condition, left knee condition, right knee injury, and mechanical low back pain.

The Board found no evidence of in-service injuries or disabilities that led to the veteran's current right knee and low back disorders, thus denying service connection for these conditions.

The Board has granted service connection for a back disability, finding that the evidence supports a direct link to active service.

The veteran's only service-connected disability, a low back disorder rated at 60 percent, does not prevent him from engaging in substantially gainful employment.

The Board has ordered a remand due to procedural and evidentiary issues, including the need for a spine examination to rate the appellant's low back disability. The claim is also pending under VCAA provisions.

The Board has determined that the earliest date as of which it is factually ascertainable that an increase in disability had occurred, and thus an effective date of July 23, 1996 for a total rating based on individual unemployability is granted.

The Board has reopened the claim for service connection for a low back disability, including arthritis and sciatica. Additional development is needed to obtain relevant medical records.

The veteran's service-connected lumbosacral strain is rated at 20 percent, the highest available rating under VA regulations.

The veteran's service-connected disabilities are of sufficient severity to prevent him from engaging in substantially gainful employment, consistent with his educational attainment and occupational experience.

The veteran's claim for service connection for a low back disorder was denied as not well grounded. The RO is instructed to obtain relevant medical records and provide the veteran with an opportunity for a VA examination.

The veteran's low back disability is productive of severe limitation of motion and persistent symptoms of bilateral radiculopathy with characteristic pain, diminished ankle jerk, and an antalgic gait. The Board has determined that a 60 percent rating for chronic low back syndrome and scoliosis of the lumbosacral spine at L5, with traumatic arthritis is warranted.

The Board has not decided the service connection aspect of the veteran's claim, but has remanded it for further action due to new evidence and a request for a hearing.

The veteran's claims for secondary service connection and service connection were denied. The initial rating for degenerative arthritis of the right hip remains at 10 percent.

The Board has denied the veteran's claims for service connection for right hand disorder, diabetes mellitus, hypertension, low back disorder, and psychiatric disorder. The claim for increased rating of cervical spine condition is granted to a 40% disability rating.

The Board has dismissed the issue of whether the attorney's fee agreement is reasonable due to lack of subject-matter jurisdiction.

The veteran's claim for a TDIU based on his service-connected low back strain superimposed on hypertrophic arthritis of the lumbar spine was denied because he did not meet the minimum percentage requirements and there is no evidence to support an extraschedular analysis.

The Board denied the veteran's claim for reimbursement of unauthorized medical expenses incurred at a private facility due to failure to meet one of the elements required under 38 C.F.R. § 17.120, specifically that VA facilities were feasibly available and a medical emergency did not exist.

The veteran's claims for increased ratings were denied. The conditions addressed include residuals of injuries to the right hip and leg, left ankle fracture, right knee injury, left zygomatic fracture, and chronic low back syndrome with sciatica.

The Board found no evidence to support a connection between the veteran's service-connected bayonet wounds and his current low back disability, including arthritis of the lumbar spine. The claim was denied.