Back / lumbar spine decisions — 2002

The Board found no evidence of a back injury in service and concluded that the veteran's current back condition is not related to his military service.

The Board denied service connection for degenerative joint disease of the lumbar spine, finding that any pre-existing condition resolved without residuals and was not aggravated by active duty.

The Board has granted service connection for a chronic low back disorder and remanded the issue of entitlement to a 10 percent evaluation under 38 C.F.R. � 3.324.

The veteran's service-connected lumbar strain is currently rated at 20 percent, and the Board has determined that a higher rating of 40 percent is warranted based on severe limitation of motion.

The Board has denied the veteran's claims for service connection for a psychosis and an increased rating for residuals of adenocarcinoma of the colon, currently evaluated as 20 percent disabling from January 18, 1999. The evidence did not support reopening the claim for service connection for a psychosis due to lack of new and material evidence. For the back disability, the Board found that there was no evidence showing it was incurred in or aggravated by active service.

The Board has determined that the veteran has submitted new and material evidence to reopen her claim of entitlement to service connection for a back disorder, which was previously denied in July 1982.

The Board has denied the veteran's request to reopen his claims for service connection for diabetes mellitus, hypertension, a psychiatric disorder with depression and/or organic affective disorder, and a back disorder. The evidence submitted was not considered sufficient to reopen the claims.

The veteran's claim for an increased evaluation and a total disability rating based on individual unemployability due to service-connected disabilities was denied. The Board found that the veteran's low back condition warranted a 40% evaluation, but did not meet the criteria for a higher evaluation or a TDIU.

The Board denied the veteran's claims for increased ratings for lumbosacral myositis with discogenic disease L4-L5, L5-S1 and dysthymia with anxiety features. The current ratings of 40 percent and 10 percent are found to be appropriate based on the evidence of record.

The veteran's L4-L-5 bulging disc, lumbar myositis, and right L5 radiculopathy is rated at 60 percent disabling.

The Board has granted a 40 percent rating for the veteran's service-connected lumbosacral strain, which is the highest rating assignable under the applicable diagnostic code. The veteran's symptoms more nearly approximate the criteria for this higher rating.

The veteran's appeal was dismissed due to the appellant withdrawing their appeal.

The Board found that the veteran's cause of death was not attributable to his service-connected disabilities, and denied both the claim for service connection for the cause of death and the accrued benefits claim.

The VA determined that the appellant's low back strain does not warrant a rating greater than 20 percent.

The Board found that the veteran's current chronic back disability is due to natural aging process and not caused by prior injuries, thus denying service connection.

The Board found that the veteran's lumbar spine injury did not meet or approximate the criteria for a disability rating higher than 20 percent.

The Board has denied the veteran's claims for service connection for degenerative disc and joint disease of the cervical spine with involvement of the neck, shoulders, arms, and hands, as well as for degenerative disc and joint disease of the lumbosacral spine with radiculopathy of the right leg. The RO previously denied these claims in January 1992 due to a lack of probative evidence indicating service connection.

The veteran's appeal has been dismissed due to his death. The Board cannot proceed with the merits of this case as he is no longer alive.

The veteran's claims for service connection for dysthymia, obstructive sleep apnea (insomnia, day-time hypersomnolence, memory problems, difficulty concentrating), and herpes simplex were denied. The claim for increased rating for osteoarthritis of the lumbosacral spine was granted with a 40% disability rating.

The Board denied the veteran's claims for increased initial ratings for his service-connected DJD of both AC joints and lumbar, cervical, and thoracic spine. The RO assigned separate ratings for these conditions.