Back / lumbar spine Board decisions

The Board dismissed the appeal regarding loss of teeth due to withdrawal by the appellant. The claim for COPD, secondary to tobacco use during service, is not well-grounded. The claim for reopening the back disability issue has been denied as no new and material evidence was submitted.

The veteran's postoperative residuals of a lumbar HNP with traumatic arthritis are not more than 20% disabling, and his service-connected disabilities do not prevent him from securing or following substantially gainful employment.

The Board denied the appellant's claims for increased ratings for his service-connected degenerative arthritis of the right shoulder, with superior displacement of the distal clavicle; degenerative joint and disc disease of the cervical spine, with limitation of motion; and degenerative joint and disc disease of the lumbar spine. The claim for a compensable evaluation for degenerative joint and disc disease of the thoracic spine was also denied.,The Board found that the appellant's service-connected right shoulder disability is primarily manifested by recurrent complaints of pain, without evidence of limitation of motion of the arm or limitation of motion of the arm to 25 degrees from the side. The cervical spine disability does not show more than slight limitation of motion. The lumbar spine disability shows no more than slight impairment with no evidence of muscle spasm on extreme forward bending, loss of lateral spine motion, unilateral, in standing position. The thoracic spine disability is manifested by complaints of pain in the thoracic region.

The Board has determined that the veteran's claims of entitlement to service connection for right shoulder and low back disorders are not well-grounded, as there is no competent evidence linking these conditions to service.

The Board has granted a 20 percent evaluation for the veteran's service-connected lumbosacral spine degenerative disc disease, but denied increased ratings for his right knee and right ankle disabilities.

The veteran's claim for a back disability was granted, resulting in an increased rating from 10% to 20%, effective March 23, 1995. Attorney fees are eligible based on past due benefits awarded for this increase.

The Board has determined that the veteran's current low back disability is not related to service, including his coccyx surgery. The evidence does not support a finding of continuity of symptomatology or a relationship between the current disability and service.

The Board found that the veteran's lumbosacral strain with degenerative changes is not productive of more than severe intervertebral disc syndrome and has not resulted in unfavorable ankylosis, warranting a 40 percent disability rating.

The Board denied the claim for service connection for lumbar disc disease, finding that there was no evidence linking the condition to the appellant's period of service or his service-connected postoperative residuals of right perinephric abscess.

The Board has determined that the veteran's claims for service connection for defective hearing, residuals of a right leg injury, and residuals of a low back injury are not well-grounded. The evidence does not support the presence of these conditions during or as a result of military service.

The Board denied the veteran's claims of service connection for a psychiatric disorder and a back disorder, finding that new and material evidence had not been submitted to reopen the claim for the psychiatric disorder and concluding that the claim for the back disorder was not well-grounded.

The veteran's claims for service connection and higher ratings have been denied. The RO has determined that the veteran does not have a current disability manifested by abdominal pain, but his lumbar spine disorder is currently rated at 10%. His skin condition (melasma) remains non-compensable.

The Board denied the veteran's claims for initial compensable ratings for his service-connected lumbar spine and right knee disabilities, as well as a rating in excess of 10 percent for his left knee disability. The evidence did not support these claims based on current functional impairment.

The Board has denied the veteran's claims for service connection for bilateral hearing loss, tinnitus, and spina bifida occulta (claimed as back pain sacralization of the fifth lumbar vertebra) due to a lack of well-grounded evidence.

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

The Board has determined that the claims of service connection for low back disability and right testicle disorder are not well grounded, thus denying both claims.

The Board has granted an effective date of July 18, 1996 for the award of a total disability rating based on individual unemployability (TDIU) due to service-connected low back disability.

The Board has granted a rating of 60 percent for the veteran's service-connected lumbar disc disease, effective from May 10, 1997. The claim for an extraschedular evaluation was also granted.

The Board has remanded the case to the RO for further development of the veteran's claim, including obtaining service medical records and affording her a VA examination.

The Board has determined that the veteran's heart disorder had its onset in service and is presumed to have been incurred due to his elevated cholesterol level. The claim for service connection for residuals of a low back injury was denied as new and material evidence has not been submitted since the July 1990 decision.