Back / lumbar spine Board decisions

The veteran's claim for an increased rating for his low back disability is being remanded due to the need for further examination and development of medical records.

The Board has granted a waiver of recovery of an overpayment of VA compensation benefits in the amount of $670.00, finding that recovery would be against equity and good conscience.

The Board found that the veteran's claim for service connection for degenerative disc disease of the lumbar spine, as secondary to his service-connected lumbosacral strain, is not well-grounded and denied it.

The Board has remanded the case for further development, including scheduling a VA examination and evaluating the veteran's service-connected lumbar spine disability in accordance with DeLuca v. Brown (1995). The issue of primary service connection for thoracic spine disability is also being addressed.

The Board denied increased evaluations for the veteran's low back and right knee disabilities, as well as a claim for a total compensation rating based on individual unemployability.

The Board found that the claims for service connection were not well grounded due to lack of credible evidence supporting the veteran's assertions.

The veteran's original claim for service connection was received on May 16, 1996. The RO granted the effective date of July 18, 1996, for his service-connected disabilities and later granted an earlier effective date of May 16, 1996.

The veteran's increased disability rating claim for patellofemoral instability of the left knee was denied. Service connection claims for right and left ankle disabilities, as well as cervical and lumbar spine disabilities, were also denied. The claim to reopen a right shoulder disability was not granted.

The Board has reopened the veteran's claims of service connection for hypertension, low back disability, and psychiatric disability due to new evidence submitted since the August 1994 denial. However, the claims are not well grounded as there is no competent medical evidence linking these conditions to military service.

The veteran's service-connected low back disability is rated at 40% and has been increased to 60% based on the severity of symptoms, including pain radiating into the buttocks and legs.

The Board has remanded the case for further action, including a new rating decision and compliance with the Court's decision. The claims will be adjudicated on their merits.

The Board has determined that the veteran's claims for service connection for a central nervous system disorder, low back disorder (including spina bifida occulta), bilateral foot disorder (including pes planus), and genitourinary disorder (including hydronephrosis and/or pyelonephritis) are not well grounded. The RO denied these claims in January 1955, which is considered final.

The veteran is seeking an increased evaluation for his service-connected chronic lumbar syndrome, which has been rated at 40 percent. The Board has ordered a remand to consider additional evidence and possibly assign an extraschedular evaluation.

The Board denied the veteran's claim of service connection for a chronic low back disability, finding no medical relationship between his current disabilities and incidents during active military service.

The veteran's claim for an increased rating for his service-connected post-operative residuals of DDD of the lumbar spine with lumbar strain was denied by the RO, and subsequently denied by the Board. The case is now remanded to the RO for further development.

The Board has determined that the veteran did not submit new and material evidence to reopen his claims for service connection for left hand arthritis, right hand carpal tunnel syndrome, and a back disorder.

The Board denied the veteran's claims for service connection for cervical disc disease and an increased evaluation for degenerative disc disease at L2-L3 with central canal stenosis, finding that there was no evidence of a direct relationship to service or service-connected disability.

The veteran's claim for an increased rating for lumbosacral strain with spinal stenosis is being remanded due to the need for additional medical records and a new VA examination.

The Board denied the veteran's claims for service connection and increased evaluations, finding that his current back, hip, and knee disabilities are not related to his military service or service-connected left ankle disability.

The veteran's claims for increased evaluations for arthritis of the lumbar spine and cervical spine are denied as his disabilities do not meet or approximate the criteria for a higher evaluation under the applicable rating schedule.