Back / lumbar spine decisions — 2002

The Board has granted service connection for degenerative joint disease of the bilateral shoulders, low back pain, right hip pain, right knee pain, and right ankle pain as secondary to service-connected amputation.

The Board denied the veteran's claim for service connection for a back disability, finding that there was no clear and convincing evidence to support the presumption of in-service incurrence. The Board also found that any current back disorder is not related to service.

The Board found that the veteran does not have a low back disability related to his military service and denied his claim.

The veteran's appeal involves multiple issues related to his service-connected conditions, including diplopia, hernia repair, pterygium, blepharitis and conjunctivitis with trichiasis, cervical spine degenerative disc disease, and lumbosacral spine degenerative joint disease. The case is being remanded for further development.

The veteran's claim for an increased evaluation of his service-connected lumbosacral strain is being remanded due to the need for further development, including scheduling a VA examination and ensuring compliance with VCAA requirements.

The Board has determined that the veteran's back and neck disorders are not caused or worsened by his service-connected left knee disorder, thus denying his claims for service connection.

The Board found that the veteran's service-connected lumbar discogenic disease did not warrant an evaluation in excess of 40 percent for the period prior to February 25, 1998.

The Board has reopened the claim of service connection for a low back disability and granted it, finding that new and material evidence had been submitted.

The veteran's overpayment of $6,967.00 in nonservice-connected disability pension was waived due to the court's finding that recovery would be against equity and good conscience.

The Board has granted a 40 percent evaluation for lumbosacral strain with degenerative disc disease prior to August 11, 1993.

The Board finds that it is not factually ascertainable from the medical evidence of record that the residuals of the veteran's low back injury warranted an evaluation of 40 percent prior to December 9, 1998. Therefore, the effective date for the 40 percent rating assigned for service-connected low back disability remains unchanged.

The Board has denied the veteran's claim for an earlier effective date for service connection of a low back disability, finding that the earliest date is December 20, 1991.

The Board has determined that the veteran's low back disability was not incurred in or aggravated by service and denied his claim for service connection.

The veteran's appeal for increased evaluations of his service-connected lumbar spine and thoracic spine disabilities has been dismissed as he withdrew the claims prior to a decision being made.

The Board has granted service connection for PTSD, finding that the veteran's symptoms are related to combat stressors during service. The left ankle disability is currently rated as 10 percent disabling.

The Board has determined that the veteran is entitled to service connection for lumbar strain and sinusitis, as these conditions are causally related to her active duty service.

The Board denied the veteran's claims for service connection due to lack of new and material evidence, except for a right shoulder disorder.

The veteran was granted service connection for disabilities of the left knee and lumbosacral spine as secondary to his right knee disability, effective March 9, 1999.

The Board has granted service connection for muscle strains of the left knee and lumbosacral spine, with a 10% evaluation assigned since November 29, 2000.

The Board denied the veteran's claims for service connection for a right hip disability and a low back disability, both claimed as secondary to his service-connected right knee disability. The VA examiner opined that it was highly unlikely that these disabilities were caused by or related to his service-connected right knee disability.