Back / lumbar spine Board decisions

The Board denied the appellant's request for waiver of an overpayment of improved disability pension benefits, finding that his failure to disclose his wife's employment income was willful and constituted bad faith.

The Board denied the veteran's claims for earlier effective dates for increased evaluations of his service-connected lumbosacral strain and total rating based on individual unemployability due to service-connected disability, finding that it was not factually ascertainable that there had been an increase in his service-connected disability during the year prior to February 14, 1990.

The veteran's chest pains were not related to his service-connected disabilities, and he was not receiving a total disability evaluation for any service-connected disability at the time of the private treatment. The VA Medical Center in Walla Walla denied reimbursement or payment due to lack of prior authorization.

The Board granted an initial evaluation of 40 percent for lumbar spine arthritis at L4-5-L5-S1, and denied the remaining issues.

The Board found no evidence to support a higher evaluation for the veteran's lumbar strain with right sciatica, multilevel disc derangement and degenerative spondylosis, which is currently rated at 20 percent.

The veteran's claim for a higher rating for his service-connected low back strain was denied due to his failure to report for scheduled VA examinations.

The veteran's service-connected spinal disabilities are not rated higher than the current levels, and her TDIU claim is denied.

The Board has denied the veteran's claims for service connection for peripheral neuropathy, a low back disability, PTSD, drug and alcohol dependence, and personality disorder. The decision is based on the absence of legal merit under VA regulations.

The veteran's claim for service connection for a back disability is being remanded due to incomplete service medical records and the need for additional examination.

The Board has reopened the claim for service connection for lumbosacral spondylolisthesis due to new evidence submitted since the last denial in 1965.

The Board denied the veteran's claim for compensation benefits under 38 U.S.C.A. § 1151 due to a back disability other than his service-connected lumbar paravertebral myositis with degenerative joint disease of the lumbar spine, as there is no competent evidence that he sustained such a disability in August 1980.

The veteran's appeal is being remanded due to the need for additional evidence and a VA examination. The issues of service connection for headaches, as secondary to his service-connected low back disability, and an increased evaluation for lumbosacral strain are pending.

The veteran's service-connected postoperative status, lumbar laminectomy, is currently rated at 10 percent and the Board finds that this rating adequately reflects his current symptoms.

The veteran's claim for individual unemployability was denied because the effective date could not be earlier than October 10, 1997 due to lack of entitlement prior to that date.

The veteran's initial claims for increased evaluations of his service-connected cervical and thoracic spine disabilities were granted, with effective dates back to August 1996.

The Board has remanded the case due to new requirements under the Veterans Claims Assistance Act of 2000, including obtaining additional medical records and arranging for a VA examination.

The veteran seeks service connection for chronic back disability, but the case is remanded due to the need for additional medical examination and evidence collection.

The Board has remanded the case for further development, including a VA examination to determine if the veteran's low back disorder is at least as likely as not aggravated by his service-connected lower extremity disorders.

The Board found that the appellant's arthritis of the thoracic and lumbar spines is not causally related to his periods of active service, and therefore denied his claim for service connection.

The veteran's appeal is being remanded for additional development due to changes in the law and incomplete medical records. A VA examination will be conducted to determine the etiology and date of onset of his low back disability.