Back / lumbar spine Board decisions

The Board has granted a disability rating of 40 percent for the veteran's low back syndrome with arthritis, effective from January 2, 1996.

The Board finds that the veteran's bilateral varicose veins, status post ligation and stripping warrant a compensable rating of 10 percent.

The Board denied the veteran's claims for service connection for bilateral carpal tunnel syndrome and for increased disability ratings for his migraine headaches and joint space narrowing at L5-S1. The veteran's current conditions are not related to his military service, and the initial disability ratings assigned were found to be appropriate.

The VA determined that the appellant's postoperative herniated nucleus pulposus of the lumbar spine does not warrant an evaluation in excess of 40 percent.

The veteran's appeal is being remanded due to his inability to appear for a scheduled hearing before the Board of Veterans' Appeals. The case will be returned to the RO for scheduling another hearing.

The Board has remanded the case due to missing service medical records and for clarification on the type of hearing desired by the veteran.

The veteran's claims for increased evaluations of his lumbar spine disorder, right middle finger fracture residuals, and right ankle fracture residuals were denied by the Board. The RO continued to deny these benefits.

The veteran's claim for an increased evaluation for degenerative disc disease of the cervical spine was denied as he failed to report for scheduled VA examinations without good cause.

The Board has granted a 60 percent rating for the veteran's service-connected lumbar spine disability, which includes arthritis and discogenic changes.

The Board found that the veteran's low back disorder was not incurred during service, but did not reopen his claim for residuals of a laceration to the left hand due to lack of new and material evidence.

The Board has determined that the veteran's lumbosacral strain with spondylolysis does not warrant an evaluation in excess of the current 20 percent.

The veteran's claim for an earlier effective date for a permanent and total disability rating for nonservice-connected pension benefits was denied as he did not meet the criteria for unemployability due to his disabilities prior to January 1, 1996.

The Board found that the veteran's lumbar spine disability, currently rated at 40 percent, does not meet or approximate the criteria for a higher rating due to lack of severe symptoms such as persistent sciatic neuropathy with characteristic pain and demonstrable muscle spasm, absent ankle jerk, or other neurological findings appropriate to site of diseased disc.

The Board has determined that the veteran's degenerative disc disease of the lumbosacral spine does not warrant an evaluation in excess of 10 percent, as there is no objective medical evidence of moderate intervertebral disc syndrome or severe limitation of motion.

The veteran's brain tumor in postoperative status is service-connected, and his tinea pedis was also incurred during active service. The other claims for service connection are not well-grounded.

The Board has determined that the veteran's claims of service connection for bronchitis, sinusitis, low back disability, and bilateral hearing loss are not well-grounded. The evidence does not establish a link between these conditions and his military service.

The Board has found that the veteran's lumbosacral spine arthritis is aggravated by his service-connected left ankle fracture, and thus grants service connection for this condition. The claim for an increased rating for the left ankle fracture remains pending as a higher rating is not granted.

The Board has denied the veteran's claims for service connection for various conditions, including nicotine dependence and its secondary effects. The issues were not fully developed or addressed.

The Board has denied the veteran's claims for service connection for cervical spine and low back disabilities, finding that there is no competent medical evidence linking these conditions to his military service. The claim for service connection for alcohol dependence was also denied as a matter of law due to the prohibition on granting such claims based on direct service incurrence.

The Board has determined that the veteran's claims of service connection for a lumbar spine disorder and a left ankle disorder are not well-grounded, as there is no medical evidence establishing a link between these conditions and his military service.