Back / lumbar spine decisions — 2001

The RO granted service connection for a back disorder including degenerative joint disease and degenerative disc disease of the lumbar spine on a direct basis or as secondary to service-connected residuals of shell fragment wounds of the pleural cavity, but denied an increased evaluation for residuals of a shell fragment wound of the left forearm with nerve involvement.

The Board found that the appellant's claim for an earlier effective date for TDIU was not supported by evidence of record, as there were no claims filed within one year prior to January 27, 1992. The RO denied service connection for cervical and lumbar radiculopathy in April 1973.

The veteran's claims for service connection for PTSD, left shoulder disorder, and low back disorder were denied. The claim for an increased disability rating for degenerative arthritis of the cervical spine was also denied.

The Board has determined that the veteran's lumbosacral strain disability warrants an increased rating to 20 percent, effective April 27, 2000. The cervical spine disability is not service connected.

The veteran's back disability is rated at 10% under the VA Rating Schedule, but his other disabilities prevent him from obtaining or following substantially gainful employment. The Board finds that these factors do not meet the criteria for a permanent and total disability rating for pension purposes.

The Board denied service connection for back and left knee disorders, as well as an increased evaluation for shell fragment wounds of the head. The decision was based on the lack of evidence linking these conditions to service.

The Board denied the reopening of a claim for service connection for residuals of a low back injury, but left the issue of amputation of the right little finger pending.

The Board denied the veteran's claims of service connection for a back disorder, hypertension as secondary to PTSD, and heart disease as secondary to PTSD. The evidence did not support these claims.

The Board granted a disability rating of 40 percent for lumbosacral myositis, effective from April 23, 1997. The veteran's claims for service connection for hearing loss and hair loss as due to an undiagnosed illness were denied, while the claim for service connection for chest pain as due to an undiagnosed illness was granted.

The Board dismissed the appellant's claims because he did not file a proper substantive appeal, which is required to perfect an appeal.

The Board denied an increased evaluation for the veteran's chronic lumbar strain, finding that his condition primarily manifested as limited motion with occasional pain producing no more than severe functional impairment. The disability was not found to meet criteria for a higher rating based on intervertebral disc syndrome or other specific conditions.

The Board denied the veteran's claims for service connection for bilateral pes planus with tarsal tunnel syndrome and lumbosacral strain, finding that there was no evidence of a current disability or aggravation of a pre-existing condition.

The Board found that a chronic low back disorder was not present during service or for many years thereafter, and is not causally related to the service-connected residuals of a fractured tailbone. Therefore, the claim for service connection for a low back disorder was denied.

The Board has determined that the evidence is in equipoise, and therefore grants service connection for degenerative disc disease of the lumbosacral spine.

The veteran's appeal was denied for service connection of a low back disorder and for increased evaluations for PTSD, post-traumatic migraine headaches, tinnitus, residuals of a left knee injury with post-traumatic arthritis, status post excision of fibromatosis with residual scar, and mid-occipital scalp scar. The RO confirmed noncompensable ratings for hearing loss and scar, residual of a left temple gunshot wound.

The Board found no evidence of a chronic back disability during or immediately following service, and the appellant's current symptoms are not linked to his military service. The claim is denied.

The VA determined that the veteran's service-connected lumbosacral strain does not warrant a rating higher than 40 percent.

The Board denied the veteran's claim alleging clear and unmistakable error in a July 1978 rating decision that denied entitlement to a higher disability rating for his back disability. The Board also denied the veteran's request for an earlier effective date for service connection of headaches.

The Board has denied the veteran's claims for service connection for back, left hand, and right hand disorders due to a lack of evidence showing these conditions are related to her military service.

The Board has determined that the veteran's low back disorder is proximately due to or aggravated by his service-connected bilateral pes planus with osteoarthritis.,The veteran's claim for service connection for a kidney condition (claimed as chronic posterior urethritis) was reopened and granted.