Back / lumbar spine decisions — 2001

The Board has granted service connection for a low back disorder based on presumptive service connection due to arthritis within one year of separation from service. The issues regarding the stress fractures of both legs are remanded as they may not be properly before the Board.

The Board has determined that the veteran's current back disorder is not related to service or a service-connected disability.

The Board finds that the veteran's current disability does not warrant a rating higher than the currently assigned 20 percent for limitation of motion of lumbar spine with history of herniated disc syndrome.

The Board has determined that the veteran's service-connected lumbosacral strain continues to be productive of severe low back disability and therefore warrants restoration of a 40 percent rating.

The Board denied service connection for a low back disorder, bilateral knee disorder, and headaches due to the lack of evidence showing these conditions were incurred or aggravated during active service.,VA examinations conducted in May 1996 found no chronic acquired disorders related to the veteran's claimed conditions.

The veteran's claims for increased evaluations of his service-connected low back and cervical spine disorders are being remanded due to the need for additional development, including obtaining medical records and ensuring compliance with notification requirements under the Veterans Claims Assistance Act of 2000.

The Board finds that the veteran's right leg (to include the right hip) and low back disabilities are not proximately due to or the result of a service-connected disability. The effective date for the grant of service connection for a left knee disability is set at July 19, 1994.

The Board found no clear and unmistakable error in the March 1954 rating decision denying service connection for a back disability. The claim was denied as new evidence did not meet the criteria to reopen the previously denied claim.

The Board has determined that the veteran's hypertension, arthritis of the right shoulder, rhinitis, and low back pain are all service-connected. The bilateral pingueculae were not found to be related to service. The urinary tract infection was also not found to be service-connected.

The Board denied service connection for post-traumatic stress disorder, major depression, right hip disability, myositis, degenerative arthritis, and back disability. The left knee condition was granted a 10 percent rating.

The Board denied the veteran's claim for an increased rating of his service-connected degenerative disc disease of the lumbar spine with spinal stenosis, finding that it did not meet the criteria for a higher rating.

The Board denied the veteran's claims for service connection for a low back disorder and PTSD, finding no new and material evidence to support reopening of these claims. The claim for peripheral neuropathy was not addressed as it is related to exposure to Agent Orange.

The Board has determined that new and material evidence has not been submitted to reopen the claim for service connection for back disability. The issue of entitlement to service connection for psychiatric disability is before the Board on a de novo basis.

The Board has granted the veteran's claim for a permanent and total disability rating for pension purposes, considering his service-connected disabilities.

The Board has granted service connection for arthritis of the right shoulder, cervical spine, and lumbar spine. Service connection was denied for any current eye disorder other than refractive error.

The Board denied service connection for a low back disability in August 1999. The veteran appealed to the Court, which vacated and remanded the decision. In October 2000, the RO granted service connection for a low back disorder with a 20% rating effective from March 20, 2000. As this case is now moot due to the grant of service connection, the appeal is dismissed.

The Board has granted a 20 percent evaluation for the veteran's service-connected lumbosacral strain, which is considered moderate limitation of motion due to pain.

The Board has granted the veteran's claims for service connection and increased ratings for his right and left trapezius and scapular muscles with chronic rotator cuff impingement and tendonitis, effective June 1, 1995. The effective dates for these determinations are April 5, 1993.

The Board has granted increased disability evaluations for the veteran's cervical spine disorder and low back pain, but denied an increase in his headaches.

The Board has denied the veteran's claims for higher ratings for his low back and right knee disabilities, finding that the evidence does not support a rating higher than 20 percent for the low back disability or a rating higher than 10 percent for the right knee disability.