Back / lumbar spine Board decisions

The Board denied the veteran's claim for service connection of a low back disorder and compensation under 38 U.S.C.A. § 1151 for loss of use of his left hand and arm, finding no new and material evidence to reopen the claims.

The Board has determined that the veteran's low back disability is not service-connected, and his lung disability cannot be presumed due to asbestos exposure. The claim for a lung disability was remanded but no further action could be taken without additional evidence.

The Board has remanded the case due to issues being inextricably intertwined and because of changes in the law regarding veterans' claims assistance. The RO must ensure all notification and development action required by the Veterans Claims Assistance Act of 2000 is completed.

The Board denied service connection for lymphatic disorder, back disorder, and nervous disorder in July 1998. The veteran's motion to revise this decision on grounds of clear and unmistakable error was denied.

The Board denied service connection for post-operative degenerative disc disease and herniated disc of the lumbosacral spine, finding that the claim was not well grounded. The veteran appealed this decision.

The veteran's disability, consisting of shrapnel wounds to the left lower lumbar area and right hip with degenerative disc disease and osteoarthritis, is currently rated at 40 percent. The claim for a higher rating is denied.

The Board denied the veteran's claims of service connection for a bilateral knee disorder and an increased evaluation for his chronic low back pain, finding that new and material evidence had not been submitted to reopen the claim of service connection for a bilateral knee disorder.

The Board denied the appellant's claims for service connection for the cause of her husband's death and for dependency and indemnity compensation under 38 U.S.C.A. § 1318 due to lack of evidence showing that his death was caused by a service-connected disability or that he was entitled to benefits under 38 U.S.C.A. § 1318.

The Board has granted a 60 percent rating for the veteran's service-connected low back disability, which is the highest schedular evaluation available under the provisions of Diagnostic Code 5293 (intervertebral disc syndrome).

The VA denied an increased evaluation for the veteran's service-connected degenerative arthritis of the lumbosacral spine, currently rated at 20 percent.

The veteran's claim for service connection for a low back disability was granted with an effective date of January 28, 1998.

The Board has granted service connection for the veteran's lumbar strain, but denied his claims for left shoulder and cervical spine disabilities. The decision is based on a finding that the low back disability began during active duty.

The Board denied increased ratings for the veteran's service-connected low back disability, folliculitis of the scalp, shell fragment wound to the left foot, acne, and tinea pedis. The evaluations were found not to meet the criteria for higher ratings under applicable VA rating criteria.

The veteran's service-connected low back disability, characterized by spondylolisthesis due to partial subluxation of lumbosacral facets with degenerative joint and disc disease, is currently rated at 40 percent. The Board finds that the evidence does not support a higher rating as his symptoms are adequately addressed under the current rating criteria.

The veteran's service-connected lumbar spine disability is rated at 30 percent, and his impotency is considered secondary to the service-connected lumbar spine disability.

The veteran's claims for special monthly pension based on need for regular aid and attendance by another person, or at the housebound rate were denied as he does not meet the criteria for either benefit.

The Board has granted the veteran's claim for an increased rating of 30 percent for his service-connected left knee disability, effective from June 1995. The issues regarding secondary service connection and temporary total convalescence ratings remain pending.

The Board has determined that new and material evidence has been submitted to reopen the veteran's claim of service connection for a back disability, which was previously denied in April 1970. The RO must now review the claim on its merits.

The Board has determined that additional evidence is needed to fully and fairly consider the veteran's claim for service connection for low back disability, including degenerative joint disease and a herniated disc of the lumbar spine. The case will be returned to the RO for further development.

The veteran's multiple nonservice-connected disabilities, including postoperative lumbar laminectomy, depressive disorder, and spinal stenosis of the cervical spine, render him unable to secure or follow substantially gainful employment. The Board finds that he is entitled to a permanent and total disability rating for pension purposes.