Back / lumbar spine Board decisions

The Board has determined that new and material evidence has been submitted to reopen the claim of entitlement to service connection for a chronic acquired back disorder.

The Board has remanded the case for further development and consideration of new diagnoses, including post-service diagnoses of depression and anxiety. The issues are whether new and material evidence has been presented to reopen claims for service connection for post-traumatic stress disorder and a low back condition.

The Board has determined that the veteran's claims for service connection for a right knee disorder, gastroenteritis, rhinorrhea, and sinusitis are not well grounded. The claim of entitlement to reopen a low back disorder is denied as new and material evidence was not presented.

The Board denied an earlier effective date for a 40 percent disability evaluation for lumbosacral strain, finding that the criteria were not met prior to May 28, 1999.

The Board found no competent medical evidence of a current low back disorder and denied the claim for service connection.

The Board denied service connection for chronic lumbosacral strain and ulcer disorder in August 1997. The veteran appealed, and the Court ordered a remand of the lumbosacral strain claim. In February 2000, the RO granted service connection for chronic lumbar strain with degenerative disc disease at L4-L5 and L5-S1, with a 20% rating effective December 17, 1993. The attorney is eligible to receive 20% of past-due benefits awarded to the veteran from December 17, 1993 to February 29, 2000.

The veteran's disabilities do not meet the criteria for a permanent and total disability rating for pension purposes.

The Board found that the veteran's claims of service connection for various disabilities, including a back disability and throat cancer, were not well-grounded. The evidence did not support a finding of chronicity or aggravation in service.

The veteran withdrew his appeal, leaving no justiciable case or controversy for the Board to consider.

The Board found that the appellant's lumbar, cervical, and dorsal spine disorders were not incurred in service or as a result of his service-connected bilateral knee synovitis.

The Board denied the veteran's claims for an initial rating in excess of 10 percent and an increased rating for his service-connected chronic lumbosacral strain, finding that the evidence did not support ratings higher than those assigned.

The Board denied the veteran's claim for an evaluation in excess of 10 percent for his service-connected lumbosacral strain, finding that the disability has been manifested by tenderness and mild limitation of motion without more significant pathology.

The veteran's appeal is being remanded due to the need for further development and adjudication of his claims, including increased ratings for his service-connected disabilities and secondary service connection for a left hip disability.

The Board has granted a 30 percent rating for migraine headaches, finding that the veteran's headaches occur one to three times weekly and are characterized by brief neurologic deficits. The claim for service connection for sinus/rhinitis disorder and residual disability due to nasal surgery is denied as not well-grounded, and the claim for service connection for a back disability is also denied as not well-grounded.

The veteran's low back disability was initially rated as noncompensable from December 8, 1995 to January 27, 1998 and later granted a rating of 10 percent effective January 28, 1998.,For the period from February 14, 1994 to January 27, 1998, the veteran's left hip fracture was rated as 10 percent disabling. From January 28, 1998 onwards, a rating in excess of 30 percent is sought.

The Board denied the veteran's claims for increased ratings and service connection due to a lack of competent medical evidence linking his current conditions to his military service.

The Board has determined that the veteran's claims for increased ratings are denied due to inadequate evidence and need further examination.

The veteran is seeking a higher disability evaluation for his service-connected lumbosacral spine disability. The Board has determined that additional development, including obtaining medical records and evidence from the RO level, is necessary before this case can be adjudicated.

The Board has granted a compensable disability evaluation for fungal infection of the feet, but remanded the issues of increased disability evaluation for degenerative disc disease and benefits under 38 U.S.C.A. § 1151 for additional disability of the left eye due to VA treatment.

The Board has determined that the veteran's claims for service connection for neck and lumbar spine injury residuals, to include traumatic arthritis in each circumstance, are not well grounded.