Back / lumbar spine Board decisions

The Board denied the veteran's claim for service connection for a back disorder, finding no new and material evidence to reopen the claim.

The Board has granted service connection for the veteran's low back disorder and right shoulder disorder, finding that these conditions were incurred during his active military service.

The veteran's service-connected degenerative disc disease of the lumbosacral spine is rated at 40 percent, which is the maximum schedular rating available under Diagnostic Code 5293.

The veteran's low back disability is rated at 20 percent for the period from May 18, 1995 to December 31, 1997 and at 40 percent for the period from January 1, 1998 forward. His major depression is rated at 100 percent.

The Board has determined that the veteran's claims for service connection for a low back disability and bilateral hearing loss are not well-grounded. The claim for a low back disability is denied, while the claim for bilateral hearing loss is granted.

The Board has denied the veteran's claims for secondary service connection for back and hip disorders, as well as his claim for an increased evaluation for residuals of a right foot injury. The evidence does not support a finding that these conditions are related to his service-connected right foot disability.

The Board found that the veteran's service-connected chronic low back syndrome does not warrant an increased rating above 20 percent due to his current symptomatology, which includes intermittent low back pain and decreased sensation in the right L5 distribution. The evidence did not support a higher rating under Diagnostic Code 5293 for intervertebral disc syndrome.

The VA denied the veteran's claim for a compensable evaluation for his service-connected lumbosacral strain, finding that the disability did not meet the criteria for any higher rating.

The Board has determined that there is no service connection for the claimed residuals of a fall, including left knee, left hip, right shoulder conditions, compression fracture of T-12, and arthritis of the lumbosacral spine. The veteran's conditions are not related to an incident of service or to a service-connected disability.

The Board has determined that new and material evidence to reopen the veteran's claims for service connection for cervical spine and right hip disabilities was received. The claim is granted as well-grounded.

The veteran's claims for increased ratings and a compensable rating for his service-connected right little finger fracture, as well as an evaluation in excess of 10 percent for his lower back disorder, were denied. The RO found that the current evaluations under the applicable diagnostic codes are appropriate.

The Board granted service connection for lumbar discogenic disease and denied service connection for cervical spine disability. Service connection was not established for bronchial asthma due to lack of evidence linking the condition to service.

The veteran's claim for higher initial and staged ratings for chronic low back pain with grade I spondylolisthesis, L5-S1, and bilateral spondylolysis, L5 is being remanded to the RO for a Travel Board hearing.

The veteran's appeal for an increased evaluation for his chronic back disorder was denied, and the claim for service connection of his organic brain disorder as secondary to his service-connected discogenic disease of the lumbar spine was also denied.

The veteran's hiatal hernia with esophagitis and duodenitis was granted a 60 percent rating effective from the date following discharge. The lumbosacral strain with L4 spondylosis received a 20 percent rating, also effective from the date following discharge. The hypertension (HTN) was granted an increased rating to 30 percent.

The Board has determined that new and material evidence has not been submitted for either claim, but as both issues are related to direct service connection, the decision is mixed - some aspects may be granted while others remain denied.

The Board has determined that further development of the evidence is essential for a proper appellate decision and therefore, remands the matter to the RO for the following actions.

The Board has determined that the veteran's claim for secondary service connection for a low back disorder is not well grounded, and his claim for increased rating for bilateral hearing loss is also not well grounded. The claims are therefore denied.

The Board has determined that new and material evidence has been received to reopen the claim for service connection for a back disorder, characterized as ankylosing spondylitis. The claim is also considered well grounded.

The veteran's appeal is being remanded for additional development, including new psychiatric and orthopedic examinations to assess the severity of his service-connected PTSD and low back disability. The RO will also review the claims folder to ensure all necessary evidence has been obtained.