Back / lumbar spine decisions — 2002

The Board found no evidence of current disabilities related to the veteran's service, thus denying all claims for service connection.

The Board has determined that the veteran's claims for increased ratings for herniated nucleus pulposus of the lumbar spine and hypertension are denied as there is no evidence showing an increase in disability or a need for higher ratings under applicable rating criteria.

The Board has reopened the claim of entitlement to service connection for a low back disability as secondary to service-connected right lower extremity disabilities due to new and material evidence, but continues to deny service-connection based on lack of competent medical evidence linking the low back disability to any service-connected condition.

The Board finds that the veteran's right ear hearing loss is service-connected, as it is at least as likely as not caused by in-service noise exposure. However, there is no evidence of left ear hearing loss or low back and right knee disabilities incurred during active duty.

The Board denied reopening the veteran's claim for service connection of a low back disability, finding that new and material evidence was not submitted.

The veteran's service-connected low back disability is productive of no more than pronounced intervertebral disc syndrome, with incapacitating episodes having a total duration of at least six weeks during the past twelve months, and severe limitation of low back motion or severe lumbosacral strain plus moderately severe sciatica. The criteria for a schedular rating in excess of 60 percent have not been met.

The Board has granted the veteran's requests to reopen his claims for service connection for post-traumatic stress disorder and low back disability, finding new and material evidence.

The Board of Veterans' Appeals has determined that the veteran's current disability rating for his service-connected lumbar spine disability is not sufficient to reflect the severity and functional impairment caused by his condition. The claim for an increased rating is denied.

The Board has denied the veteran's claims for service connection for a back disability, right knee disability, neck disability, and residuals of an injury to his right middle finger. The evidence does not support finding that these conditions were incurred or aggravated by military service.

The veteran's widow is denied eligibility for Service Disabled Veterans' Insurance (RH) because the veteran did not file an application during his lifetime and was never shown to be mentally incompetent.

The Board granted a 40 percent rating for the veteran's low back disability and denied a compensable rating for acne vulgaris of the face and sternum.

The Board denied the veteran's claim for an earlier effective date of December 2, 1994 for a TDIU rating because service connection was not in effect for any disability prior to that date.

The Board has not determined whether the veteran's claims for earlier effective dates are valid, as his service-connected lumbosacral strain did not increase in severity or cause him to be unemployable within one year prior to February 14, 1990.

The Board has determined that new and material evidence has been received to reopen the veteran's claim for service connection for low back disability. The Board also found that the veteran's current low back disability originated in service, thus granting her claim.

The VA has determined that the veteran's disability, characterized by a probable old compression deformity mid thoracic vertebra with lumbar strain, does not warrant an increased rating beyond the current 20 percent evaluation.

The Board denied the veteran's claim for service connection for a back disorder, finding no current disability and insufficient evidence to establish that any such condition was incurred in or aggravated by service.

The Board denied the veteran's claims for service connection for a back disability on a secondary basis and for an increased rating for his service-connected left knee disability.

The veteran's service-connected back conditions have not met the criteria for higher evaluations.

The veteran's combined rating is 70%, but his disabilities do not meet the criteria for special monthly pension based on need for regular aid and attendance or housebound status.

The veteran's claims for increased evaluations for PTSD and left leg shrapnel fragment wound residuals, as well as the claim for TDIU from June 1998 to July 2001 were denied. The low back disability claim was also denied due to lack of new and material evidence.