Back / lumbar spine Board decisions

The Board has found new and material evidence to reopen the claims for service connection for a low back disorder, narcolepsy, and a psychiatric disorder. However, it did not find that this evidence is sufficient to grant service connection.

The Board dismissed the claim as it had no jurisdiction to adjudicate the issue of eligibility for payment of attorney fees from past-due benefits.

The veteran's low back disability is rated at 40 percent, which meets the criteria for a permanent and total disability rating for pension purposes. However, his refractive error does not meet any compensable rating under VA guidelines. Therefore, he cannot be granted a permanent and total disability rating for pension purposes.

The Board denied service connection for post-operative residuals of a herniated lumbar disc with degenerative joint disease (DJD) of the lumbar spine.

The veteran's service-connected disabilities did not meet the criteria for a total rating based on individual unemployability prior to April 8, 1997. However, his claim was granted effective from that date due to the assignment of a 60% evaluation for COPD.

The veteran's claim for an increased evaluation for his low back disorder was denied, while the initial 50 percent evaluation for his adjustment disorder was granted.

The Board denied the veteran's petition to reopen his claim for service connection for a low back disorder, finding that the evidence submitted was not new and material.

The Board denied compensation under 38 U.S.C.A. § 1151 for below knee amputation, right leg and denied service connection for degenerative joint disease of the left hip and degenerative disc disease of the neck and low back.

The RO denied the veteran's claims for a disability rating in excess of 40 percent for her low back disorder, service connection for a left foot disorder as secondary to the back disorder, and service connection for a bladder disorder as secondary to the back disorder.

The Board has granted the veteran's claims for increased ratings for degenerative arthritis of the right and left knees, as well as for low back disability. The current evaluations are 10 percent for each knee condition and 10 percent for the low back disability.

The RO granted increased evaluations for the veteran's service-connected disabilities, with the highest evaluation of 40 percent for degenerative arthritis of the lumbar spine effective February 17, 2000.

The Board has addressed the veteran's claims for service connection for various conditions, but due to finality of previous decisions and lack of new and material evidence, all claims remain denied.

The Board denied the veteran's claims for service connection for a lumbar spine disability, viral infection syndrome with chest pain and fatigue, hearing loss, and tension myalgia and fibromyalgia. The evidence did not support these claims.

The Board denied a rating in excess of 50 percent for the veteran's service-connected bilateral foot callosities, finding that no higher rating was available under another applicable DC and that extraschedular evaluation was not warranted due to lack of evidence of frequent hospitalization or interference with employment resulting from the veteran's bilateral foot callosities.

The Board denied the veteran's claims for service connection for malaria, a low back disorder, chronic disability of the sternum, chronic disability manifested by impaired balance, glaucoma, and diabetes mellitus.

The veteran's claims for service connection for a low back disorder, pulmonary disorder (chest pain and breathing problems), and psychiatric disorders to include PTSD were denied. Service connection was granted for PTSD but not for the other conditions.

The VA has determined that the veteran's post-operative discectomy residuals do not warrant a rating higher than 40 percent.

The Board is remanding the case due to procedural issues and new legislation, including a need for further examination and consideration of service connection under secondary theory.

The Board has determined that an increased rating for the veteran's kyphotic deformity of the thoracolumbar juncture with osteophyte formation at T-11 level and residuals of a fracture of the right wrist navicular bone is not warranted. The veteran received the maximum 10 percent evaluation for each condition.

The Board has not had the opportunity to apply the Veterans Claims Assistance Act of 2000 and there is conflicting evidence regarding the veteran's scars. The case is being remanded for further development, including a VA examination.