Back / lumbar spine Board decisions

The veteran's lumbosacral strain and traumatic arthritis are currently rated as 20 percent disabling, and the residuals of a fracture of the left femur with shortening, anterior bowing, and varus deformity are also rated at 30 percent.

The Board of Veterans' Appeals has determined that the veteran's current low back disability, including laminectomy, L4-5, herniated nucleus pulposus with compression fractures of the thoracic and lumbar spine, is related to his parachute injury in service. As such, the claim for service connection is granted.

The Board has determined that the veteran's service-connected low back syndrome with bulging intervertebral disc warrants a 40 percent evaluation, based on severe recurring attacks of pain and functional impairment.

The VA determined that the veteran's low back disability, which is service-connected and not related to any specific exposure or presumption, does not warrant a higher rating than the current 20 percent evaluation.

The Board denied service connection for the veteran's claimed conditions, and the veteran appealed. The attorney was not eligible to receive a fee from past-due benefits due to exceeding the 20% limit.

The Board denied entitlement to service connection for a back disorder and numbness in the feet, finding that there was no evidence linking these conditions to service.

The veteran's claim for an increased rating for chronic lumbosacral strain is denied as the evidence does not show that his disability meets or approximates the criteria for a higher evaluation.

The Board found that the veteran's claims for service connection for chronic back disability and chronic respiratory disability (including bronchial asthma and bronchitis) were not well-grounded. The VA treatment records did not show any chronic residuals from the inservice injuries or illnesses, and there was no evidence of continuity of symptoms since service.

The Board found that the appellant did not file a timely and adequate substantive appeal for his claims of service connection and disability rating, thus dismissing these issues.

The Board has determined that the veteran's claims for service connection for a back disability and a right hip disorder are not well-grounded. The evidence does not support a finding of a current disability related to active service.

The Board has granted increased ratings for the veteran's service-connected lumbosacral strain and hypertensive cardiovascular disease, but denied an increase in rating for chronic bilateral iritis.

The Board has determined that the veteran's claim for service connection for a back disability is not well grounded and thus must be denied.

The Board has determined that the appellant's low back disability warrants a 40 percent rating under DC 5292, as his range of motion was severely limited. The residuals of right wrist fracture warrant a 10 percent rating under DC 5293. No service connection is granted for hypertension, pain in fingers, right knee disorder, or gastrointestinal disorder.

The veteran's appeal is being remanded to ensure compliance with due process considerations, including scheduling a personal hearing. The claims for service connection and increased evaluation are pending.

The veteran's claim for an increased rating for his service-connected post-operative herniated lumbar disc disease L4-5 and LS-S1 is being remanded due to incomplete records, including a missing MRI from the Fall of 1997 and an examination report that did not fully assess his disability.

The Board denied the veteran's claim of entitlement to service connection for a back disorder in November 1972. The evidence submitted since then is not new and material, so the claim cannot be reopened.

The Board has determined that the veteran's claims for increased evaluations for optic neuritis of the left eye and lumbosacral strain have been denied as there is no evidence to support ratings in excess of 10 percent.

The veteran's pulmonary disease with bronchial asthma was granted a 60 percent evaluation prior to July 1, 1999. He is also granted TDIU status prior to that date.

The Board denied the veteran's claim for service connection for residuals of a low back injury, including low back arthritis, finding that there was no competent medical evidence linking his current condition to an inservice injury.

The veteran's claim for an increased rating for his service-connected lumbosacral strain with disc disease is being remanded due to the need for additional development of medical records.