Back / lumbar spine decisions — 2002

The Board has determined that new and material evidence has been submitted to reopen the veteran's previously denied claim for service connection for a low back disability. The claim will now be considered on its merits.

The Board denied the veteran's claims for service connection for lung disability, right knee disability, left knee disability, and back disability due to lack of threshold eligibility for VA pension benefits.

The Board has remanded the case for further development and readjudication, including obtaining additional medical evidence and scheduling a VA examination.

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

The veteran's claim for an effective date prior to November 25, 2001 for a 100% evaluation for PTSD is granted. The RO assigned the effective date of October 15, 2001 based on treatment received at a VA facility showing an increase in severity of PTSD.

The Board finds that the veteran's service-connected low back disorder, including pain, results in moderate limitation of motion and moderate lumbosacral strain, warranting a higher rating of 20 percent since August 7, 1996.

The Board denied the claims for service connection and increased evaluations, finding no clear and unmistakable error in the earlier decisions.

The veteran's claim for an earlier effective date for service connection of his lumbosacral spine disability was denied as the RO found that no new and material evidence had been submitted to reopen the previously denied claims.

The veteran has additional disability due to degenerative disc disease of the lumbar spine as a result of spinal surgeries performed at a VA medical facility in 1993 and subsequently, which were not necessary consequences of these surgeries.

The veteran's appeal has been withdrawn due to his satisfaction with the current evaluation of 40 percent for his service-connected low back disability.

The Board denied the veteran's claim for an earlier effective date for service connection of degenerative disc disease of the lumbar spine, finding that no new and material evidence had been submitted to reopen his previously denied claim.

The Board has determined that the veteran does not have a current low back disorder related to her service and therefore, denied her claim for service connection.

The veteran's claims for increased evaluations of his left ankle fracture and lumbosacral strain were denied, while the appeal regarding service connection for a right shoulder disability and a left index finger injury was dismissed due to lack of timely substantive appeal.

The Board found that a current low back disorder is not related to military service or an already service-connected disability, and thus denied the veteran's claim for service connection.

The Board has determined that the veteran does not have a low back disability related to injury, disease or event of his military service and therefore denied his claim for service connection.

The Board denied the veteran's claim for service connection for a low back disorder, finding that new and material evidence was not presented to reopen the claim. The skin disorder issue is pending.

The Board has granted an increased evaluation for the veteran's lumbosacral strain and found that new and material evidence has been submitted to reopen his claim for service connection for generalized osteoarthritis. The effective date of service connection for thoracic back strain is set at March 24, 1971.

The Board denied service connection for migraine headaches as secondary to a service-connected low back disability and granted a higher rating of 20 percent for the veteran's low back disability. The claim for a higher rating for left foot fracture residuals was also denied.

The Board found no evidence of a current low back disorder related to service, thus denying the veteran's claim for service connection.

The veteran's claim for an increased evaluation of his service-connected low back pain with lumbar strain was denied because he failed to report for a scheduled VA examination.