Back / lumbar spine Board decisions

The Board denied an earlier effective date for the Total Disability Rating based on Individual Unemployability (TDIU) and did not address the issue of an earlier effective date for the rating issues. The veteran's attorney was paid a fee from past-due benefits, but this payment is being withheld as it does not meet the requirements due to the separate nature of the TDIU issue.

The Board found that the reduction in disability rating from 10 percent to noncompensable for lumbosacral strain was proper and upheld. The veteran's claim for a 10 percent evaluation based on multiple noncompensable service-connected disabilities under 38 C.F.R. § 3.324 was denied.

The Board has granted service connection for degenerative joint disease of the lumbar spine and a kidney disorder, finding that both conditions are related to service. The veteran is also awarded a 10% evaluation for his pilonidal cyst from June 21, 1996.

The Board has granted service connection for hypertension and degenerative joint disease of the lumbar spine, finding that these conditions are likely related to service. Service connection for arthritis of the hips was not established due to lack of medical evidence linking it to service or a service-connected condition. The veteran's increased rating claim for cervical spine disability is also granted.

The Board denied the veteran's claims for service connection of right knee and elbow disabilities, as well as his request to increase the rating for bilateral defective hearing. The decision also noted that new and material evidence had not been submitted to reopen a claim of primary service connection for a back disability.

The veteran's claims for higher original ratings for his lumbosacral strain with arthritis and residuals of a neck injury were denied. The effective dates for the grants of service connection remain unchanged.

The Board has determined that the veteran's claimed conditions are related to service and have granted service connection for chronic lumbar spine strain, chronic dorsal strain, residuals of right knee sprain, and tinnitus. Service connection was denied for bilateral hearing loss.

The Board has reopened the veteran's claim for service connection of a low back disorder and found it to be well grounded. The RO is directed to obtain medical records, schedule the veteran for an examination by a VA orthopedic specialist, and then readjudicate the case.

The Board found no competent medical evidence linking the veteran's current degenerative arthritis of the cervical and lumbar spine, as well as his psoriasis, to his period of active service. Therefore, the claims for these conditions were denied.

The Board denied the veteran's claims for severance of service connection, increased evaluation for right hip disability, and reopening of claims for various conditions. The decision also referred the issue of entitlement to a total disability rating based on individual unemployability due to service-connected disability back to the RO.

The Board has granted a rating of 60 percent for the veteran's chronic lumbosacral strain with bulging disc and herniation at L4-L5 and L5-S1 levels, effective as of the date of this decision.

The Board has remanded the case for further development and consideration, including obtaining additional medical records and applying new legal standards.

The Board has determined that the veteran's service-connected musculoskeletal low back strain does not warrant a rating higher than 20 percent, as there is no evidence of severe limitation of motion or intervertebral disc syndrome.

The Board found that the veteran's claim for service connection for a back disability was well-grounded and granted it. The issue of reopening his claim for service connection for a psychiatric disorder was also granted, as new and material evidence had been submitted.

The Board denied reimbursement or payment for the cost of private medical care provided to the veteran at McKennan Hospital from July 7 to [redacted], 1996, due to lack of a medical emergency and because VA facilities were feasibly available.

The veteran's claim for an increased evaluation of his service-connected lumbar disc disease from 20% to 60% was granted, effective December 7, 1993. The decision also established eligibility for payment of attorney fees from past-due benefits.

The Board found that the veteran had not submitted new and material evidence to reopen his claim of service connection for a back disorder, including degenerative arthritis of the cervical and lumbar spine with degenerative disc disease at L5-S1.

The Board finds that the veteran's claim for service connection for a lumbar spine disability, including arthritis, is not well grounded because there is no competent medical evidence linking any inservice trauma or pathology to his current disabilities.

The veteran's claim for an increased rating for his service-connected low back disability was granted, and the effective date of his award of Total Disability Rating Based on Individual Unemployability (TDIU) is set at November 19, 1989.

The VA determined that the veteran's degenerative disc disease at L5-S1 results in no more than moderate impairment, warranting a 20 percent evaluation.