Back / lumbar spine decisions — 2002

The Board has determined that the veteran's current disabilities are not service-connected due to his own willful misconduct during service.

The Board found that the veteran's low back disability was aggravated by his service-connected Morton's neuroma with metatarsalgia, thus establishing service connection on the basis of aggravation. The right hip disability is not considered separate and distinct from the radiculopathy associated with the low back disability.

The Board found that there is no evidence to support a direct service connection for the veteran's back disability, and thus denied his claim.

The Board has determined that the appellant's need for regular aid and attendance is established, given her physical and mental incapacities. Her claim for additional allowance based on this need is granted.

The Board has determined that the veteran's service-connected low back disability warrants a 40 percent rating, effective from October 1993.

The veteran's depression and bipolar disorder were found to be aggravated by his service-connected residuals of a left knee injury. The claim for secondary service connection for a lumbar spine disability was reopened based on new evidence.

The Board determined that new and material evidence had not been submitted to reopen the claim for secondary service connection for a low back disability, thus denying the veteran's request.

The Board denied the veteran's claims of service connection for an acquired psychiatric disorder, a back condition, and hearing loss. The Board found that there was no evidence to support these claims.

The veteran's claim for service connection for glaucoma was denied. The claims for service connection for blood in the urine, hypertension, and pyorrhea were not reopened due to lack of new and material evidence. Service connection was granted for a low back disorder.

The Board found that the veteran's low back disabilities were not incurred or aggravated during service and denied his claim for service connection.

The Board has determined that new and material evidence has been received to reopen the veteran's claim of entitlement to service connection for a low back disability secondary to his service-connected pes planus. The Board finds that osteoarthritis of the lumbar spine was chronically aggravated by the veteran's service-connected pes planus, warranting service connection under the provisions of Allen v. Brown.

The Board found that the veteran's claimed conditions were not incurred or aggravated by active service.

The Board has determined that the veteran's chronic low back strain, which is considered a separate and distinct condition from his service-connected herniated nucleus pulposus of L5-S1, does not warrant an initial compensable rating.

The veteran's lumbosacral spine disorder is currently rated at 40 percent, the maximum schedular rating available for this disability.

The Board denied the veteran's claims for higher ratings for his service-connected left and right knee disabilities, as well as his residual stab wound scar in the area of the left kidney and lumbosacral strain. The RO subsequently granted these claims with no percent ratings effective from June 1996.

The VA has denied the veteran's claims for an increased evaluation of his chronic low back pain with herniated disc L4-5 and a TDIU due to service-connected disability. The evidence does not support an increase in rating beyond 40 percent, and the veteran is not found unemployable based on his only service-connected condition.

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

The veteran's appeal has been dismissed due to his death. The Board of Veterans' Appeals (Board) does not have jurisdiction to adjudicate the merits of this claim.

The Board denied increased ratings for residuals of fractures of the left radius and ulna, residuals of a left knee injury, and residuals of a low back injury. The veteran's claims were not granted as there was no evidence to support higher ratings based on current clinical findings.

The Board found that the veteran's current low back disability is not related to his service, and thus denied his claim for service connection.