Back / lumbar spine decisions — 2001

The Board found no evidence of a low back injury during service and concluded that the veteran's current low back disability is not related to his active duty. The claim for service connection was denied.

The veteran's claims for service connection for psoriatic arthritis, right knee disability evaluation, and lumbar spine disability evaluation were denied. Temporary total ratings under the provisions of 38 C.F.R. � 4.29 and 4.30 were also denied.

The Board denied the appellant's claims for compensation under 38 U.S.C.A. § 1151 and service connection for a left knee disability, finding that his pre-existing back disorder was not aggravated by VA treatment in August 1991, and that his left knee injury is not related to any service-connected or compensable disability.

The Board has determined that the veteran's low back disability is service-connected, but denied claims for hematological disorder, autoimmune disorder, cardiac disorder, neurological disorder, and psychiatric disorder.

The Board has granted service connection for tinnitus and maxillary and ethmoid sinusitis with retro-orbital headaches and allergic rhinitis, but denied the other claims. The veteran's PTSD was granted a higher staged rating from June 6, 1998.

The Board of Veterans' Appeals has denied the veteran's claim for a permanent and total disability rating for pension purposes due to his cardiovascular disease, low back disability, and psychiatric disorder. The appeal is based on the combined effect of these disabilities.

The Board found no evidence of a low back disability incurred in service or caused by the veteran's service-connected duodenal ulcer disease. The rating for duodenal ulcer disease was also denied as it did not meet the criteria for an increased evaluation.

The Board denied the veteran's claim for service connection for a low back disorder, finding that new and material evidence had not been submitted to reopen the claim. The case was remanded multiple times but ultimately denied.

The Board is without jurisdiction to review the claim of entitlement to a rating in excess of 30 percent for osteoarthritis of the right hip, status post total hip replacement from March 1, 1997 due to lack of timely appeal. The veteran's claims for higher evaluations for his right shoulder disorder and scars have been adjudicated.

The Board has determined that the veteran is not in need of regular aid and attendance due to his multiple disabilities, as he can still perform most of his daily personal needs without assistance.

The Board has determined that the veteran's lumbar disc disease is likely due to injuries sustained during his active military service, including a fall from a helicopter and grenade/land mine explosions. As such, the claim for service connection is granted.

The Board denied service connection for intervertebral disc syndrome of the lumbar spine and denied entitlement to a compensable evaluation for varicose veins of the right leg prior to June 14, 2001. The veteran's claim for an evaluation in excess of 10 percent for his right leg varicose veins was also denied.

The Board denied the veteran's claims for increased evaluations for his mechanical low back pain, internal derangement of the left knee, and positional paresthesia and bursitis of the right shoulder. The evaluations were found to be at their maximum under the applicable rating criteria.

The Board has granted service connection for arthritis of the cervical and lumbar spine, and an increased rating to 30 percent for PTSD. The veteran's current disabilities are found to be related to his active military service.

The Board has determined that the veteran's claims for service connection for his claimed disabilities have been denied due to lack of evidence linking these conditions to his military service.

The Board has remanded the case for additional development due to incomplete records and unclear evidence regarding service connection claims.

The Board has determined that the veteran's claims for service connection for chronic back and right foot disorders, as well as a gastrointestinal disorder, have been denied due to lack of new and material evidence.

The Board denied the veteran's claims for service connection for low back pain and hearing loss, finding that there was no evidence of a current disability or in-service injury that would support these claims.

The Board has denied the veteran's claims for an earlier effective date for service connection and a higher rating for his low back disability. The claim for a compensable rating for bilateral iritis is remanded due to the need for further VA assistance in developing evidence.

The Board has granted a 40 percent evaluation for the veteran's herniated lumbar disc and denied any increase in the rating for his chronic left flank pain, which is related to nonservice-connected kidney stones.