Back / lumbar spine decisions — 2002

The veteran's claim to reopen his service connection for a low back disorder was denied as he failed to report for the scheduled VA examination.

The Board granted service connection for degenerative disc disease of the lumbar spine and assigned a 40 percent rating from October 23, 1998.

The veteran's claims for service connection and increased ratings for his cervical spine disability are denied. The Board found that he does not have a current low back or cervical spine disability, and thus cannot establish service connection.

The Board found that new and material evidence had not been submitted to reopen the veteran's claim for service connection for a back disorder, resulting in a denial of the appeal.

The Board has found new and material evidence to reopen the veteran's claim for service connection for low back disability. The VA medical opinion concluded that there is no relationship between the veteran's current low back disorder and his in-service injury, and thus the claim cannot be granted.

The veteran's current psychiatric condition, along with his other disabilities, does not meet the criteria for special monthly pension by reason of being in need of regular aid and attendance or at the housebound rate.

The Board denied the veteran's claim to reopen his service connection for a low back disorder, finding no new and material evidence presented.

The Board denied the veteran's claims for service connection and evaluation of his thoracic outlet syndrome, finding no new evidence to reopen the cervical spine disorder claim and concluding that neither condition was related to service or a service-connected disability.

The Board denied the veteran's claims for service connection for allergic reaction to penicillin and degenerative changes of the lumbar spine. The evidence did not support a finding that these conditions were incurred or aggravated by military service.

The Board has determined that new and material evidence has been presented to reopen the veteran's claims of service connection for back, neck, eye, throat, and nose disorders. The case will now be decided on its merits.

The Board denied the veteran's claim for service connection for a low back disability, finding that the preexisting condition of back pain existed prior to service and did not increase in severity during service.

The Board of Veterans' Appeals has determined that the veteran's service-connected lumbar strain does not result in any functional impairment and therefore, a compensable evaluation is denied.

The Board denied the veteran's claims for an initial evaluation in excess of 10 percent for lumbosacral strain with sclerosis and a compensable evaluation for bilateral hearing loss, finding that his conditions did not warrant higher ratings based on the evidence provided.

The Board denied the appellant's claims for service connection for various conditions, including a respiratory disorder (including sinusitis with headaches), a headache disorder, a hemorrhoidal disorder, and a low back disorder. The claim to reopen service connection for diabetes mellitus was also denied. Additionally, the original rating in excess of 10 percent for generalized joint pain due to undiagnosed illness and an increased rating in excess of 10 percent for bilateral pes planus were denied.

The Board denied the veteran's request to reopen his claim for service connection for a back disability, finding that no new and material evidence had been submitted.

The Board has determined that the veteran's preexisting low back disorder was aggravated by her service, and therefore grants service connection for a low back disability.

The Board found that the veteran's low back disability was not incurred in or aggravated by service, and is not proximately due to or the result of his service-connected shell fragment wound residuals.

The Board denied an initial evaluation in excess of 10 percent for lumbar strain from February 19, 1999 to February 3, 2002 and a grant of 20 percent on and after February 4, 2002.

The VA determined that the veteran's lumbosacral strain does not warrant a higher rating than the current 20 percent.

The veteran's service-connected chronic lumbosacral strain is currently manifested by symptomatology consisting of muscle spasm on extreme forward bending and pain on motion with recurring episodes of low back pain relieved with conventional therapy and nonprescription medication. The criteria for an increased evaluation greater than 20 percent have not been met.