Back / lumbar spine Board decisions

The veteran's appeal is for a TDIU based on his service-connected disabilities. The case has been remanded to obtain additional medical records and conduct further examinations to determine the impact of his disabilities on his employability.

The Board has reopened the veteran's claim for service connection for a low back disorder and found that new and material evidence had been submitted. The case is now remanded for further development.

The Board has denied the veteran's claims for service connection for various conditions, including hypertension, diabetes mellitus, a skin rash due to undiagnosed illness, compression fractures of the lumbar spine, benign prostatic hypertrophy, and anxiety disorder. The appeal is based on evidence that was not previously considered.

The Board has determined that the veteran does not have current right and left arm disorders, depression, or numbness to both legs that are secondary to his service-connected lumbar spine disability. The claim for increased evaluation of the service-connected lumbar spine disability is also denied.

The veteran's claim for an earlier effective date for additional compensation benefits for his spouse is denied. The RO assigned the earliest possible effective date based on the receipt of the application and proof of dependency, which was received in October 1998.

The veteran's claim for a total disability rating based on individual unemployability due to service-connected disabilities is being remanded because there are potential vocational rehabilitation records that have not been obtained.

The Board has determined that the veteran's lumbosacral strain with degenerative changes warrants a 40 percent evaluation, which is the maximum available under VA rating criteria.

The veteran's claimed conditions, including neurodermatitis, bilateral olecranon bone spurs, bilateral patellofemoral syndrome, degenerative disc disease of the lumbar spine, and tension headaches, were not found to be service-connected due to lack of evidence linking these conditions to his military service.

The Board found that the veteran's low back disorder was not incurred in or aggravated by service, and denied secondary service connection. The decision is considered to have been based on an error of fact.

The veteran's service-connected lumbar vertebral disc disease does not meet the threshold requirement for entitlement to aid and attendance or housebound benefits.

The veteran's claim for a rating in excess of 20 percent for lumbosacral strain is denied due to his failure to report for scheduled VA examinations.

The case is being remanded to the RO for further development of evidence related to the veteran's service-connected low back pain and left knee arthritis, including with orthopedic and neurological examinations. The veteran will be provided an opportunity to respond to any supplemental statements of the case.

The Board denied the veteran's claims for higher initial disability ratings for his service-connected lumbar spine and cervical spine disabilities, finding that the evidence did not support a rating in excess of the current 20 percent for the lumbar spine or 10 percent for the cervical spine.

The Board has denied the veteran's claims of entitlement to higher initial evaluations for reactive airway disease and allergic rhinosinusitis due to a lack of evidence showing marked interference with employment status or necessitating frequent periods of hospitalization.

The Board dismissed the appellant's appeal due to a defective substantive appeal.

The Board has determined that new and material evidence has been submitted to reopen the claim of service connection for a portion of the veteran's current low back strain. The VA physician's opinion supports this finding, linking it to in-service complaints. However, no other diagnosed back disorders are considered related to service.

The Board granted a total rating based on individual unemployability for the purpose of accrued benefits due to significant and severe limitation of motion of the back and functional loss due to back pain as well as serious symptoms from PTSD impairing occupational functioning. The veteran was not found to be in need of regular aid and attendance or bedridden.

The veteran's service-connected back disability required emergency treatment at a private hospital on July 21, 1998. The Board found that the medical care was necessary due to an emergent condition and granted payment for the unauthorized expenses.

The veteran's degenerative joint and disc disease of the lumbar spine is manifested by severe limitation of motion, warranting a 50 percent evaluation.

The Board has reopened the appellant's claim for service connection for a back disability due to new and material evidence submitted since June 1999, including statements from his wife and a friend indicating he had complaints involving his low back continuously since the jeep accident in 1962. The Board also considered opinions from two physicians who concluded that the appellant's current degenerative disc disease is etiologically related to the accident in service.