Back / lumbar spine Board decisions

The Board has determined that the veteran's low back disability, currently evaluated as 40 percent disabling, does not meet or approximate the criteria for a higher rating. The highest schedular rating assignable is 40 percent.

The veteran's TDIU award was granted with an effective date of October 18, 1996.

The Board denied the veteran's claims for service connection for a low back disability and an initial compensable evaluation for residuals of left clavicle fracture, finding no competent medical evidence linking current disabilities to military service.

The veteran's appeal is remanded for a videoconference hearing at the Winston-Salem, North Carolina Regional Office of the Department of Veterans Affairs.

Your appeals on service connection for degenerative disc disease of the thoracic spine, cervical spine, and lumbar spine have been dismissed due to your death.

The Board has determined that the veteran's claims for service connection for irritable bowel syndrome, peripheral neuropathy, and a psychiatric disability are not well grounded. The claim for service connection for post-traumatic osteoarthritis is found to be well grounded.

The Board has determined that the veteran's low back disorder warrants a 40 percent evaluation, which is the maximum schedular rating available under VA regulations. The fracture of the right distal radius does not warrant any compensable evaluation.

The Board denied the veteran's claims for service connection for a back disorder, obesity secondary to chondromalacia of the knees, and bilateral hearing loss. The claim for service connection on direct basis was not well-grounded as there was no evidence linking the current disorders to service or service-connected conditions. For obesity, the VA examiner concluded it developed independently of the knee condition. For bilateral hearing loss, the veteran did not meet the criteria for a disability under VA regulations.

The Board has granted a 60 percent disability rating for the veteran's low back syndrome with degenerative joint disease, which is the maximum available under the applicable criteria.

The Board denied a rating in excess of 10 percent for the veteran's service-connected chronic lumbosacral strain.

The Board has granted a higher rating of 40 percent for the veteran's service-connected low back disability, finding that it meets the criteria for severe limitation of motion.

The veteran's bilateral hearing loss with tinnitus is related to noise exposure during service.,The veteran's cervical spine disorder and lumbar spine disorder are not related to service.

The Board found no medical evidence linking the veteran's current low back condition to his service, and thus denied his claim for service connection.

The Board has determined that new and material evidence was not submitted to reopen the veteran's claims for service connection for residuals of a fracture of the jaw and a back disorder. The previous denials are considered final.

The Board denied the veteran's claims for increased rating for plantar warts on her left foot and service connection for chronic right foot and low back disabilities. The veteran's claim of increased rating was not well-grounded, as there was no evidence showing that her current symptoms were more severe than those at the time she initially filed her claim in 1998.

The veteran's claim for service connection for a low back disorder is being remanded due to the need for additional development, including obtaining medical records and scheduling an examination.

The Board denied the appellant's claim for increased rate of dependency and indemnity compensation based upon a demonstrated need for aid and attendance or housebound status due to lack of evidence showing she requires regular aid and attendance or is permanently housebound.

The veteran's lumbar disc disease is currently manifested by severe limitation of motion, pain and stiffness affecting the right lower extremity (sciatica), and a minimally antalgic gait. The Board finds that the objective evidence supports the assignment of a 60 percent evaluation for the service-connected lumbar disc disease under diagnostic code 5293.

The Board has determined that the veteran's claims for compensation under 38 U.S.C.A. § 1151 for low back pain and tinnitus are not well grounded, as there is no competent medical evidence showing these conditions resulted from or were aggravated by VA treatment in May 1997.

The Board denied the veteran's claim for entitlement to TDIU, finding that his service-connected disabilities did not render him unemployable.