Back / lumbar spine decisions — 2002

The Board has determined that the veteran's current disabilities of headaches, jaw problems, facial scars, and degenerative disc disease of the cervical spine are results of his inservice motor vehicle accident.

The Board has denied the veteran's claims for service connection for chronic-type tension headaches, residuals of cervical spine strain, and residuals of low back strain. The veteran's claims for increased ratings for status post nephrolithiasis, status post 3rd metatarsal stress fracture, and chronic left shoulder strain were also denied.

The Board has granted the veteran's claims for increased ratings for fibromyalgia and to reopen her claim of service connection for a back disability. The neck disability claim is pending as it will be addressed in a later decision.

The Board finds that the veteran's low back disorder, bilateral hammertoes, and left shoulder disability are all service-connected.

The Board has denied the veteran's claims for service connection for a cervical spine disorder, lumbar spine disorder, bilateral leg disorder, and coccygeal strain as there is no evidence that these conditions are related to his in-service injury.

The Board denied an increased evaluation for the veteran's status post fracture of the lumbar spine, finding that the disability did not meet criteria for a higher rating under any applicable diagnostic codes.

The veteran's PTSD is rated at 70 percent since June 13, 2002. The RO granted TDIU effective June 13, 2002. There was no evidence of service connection for the lumbar spine condition or thoracic spine condition prior to these decisions.

The Board has determined that new and material evidence has been submitted to reopen the claim for service connection of a back disorder, which was previously denied in July 1984. The veteran's recent medical records support his contention that he developed this condition during or shortly after his military service.

The veteran's service-connected disabilities, including his low back strain and bilateral flat feet, prevent him from securing or following a substantially gainful occupation.

The Board denied the reopening of a claim for service connection for a low back disability, finding that no new and material evidence had been submitted.

The Board found no clear and unmistakable error in the denial of service connection for a low back disability, as the evidence did not establish a chronic condition since the veteran's military service.

The Board found that the veteran's current low back disorder is not causally related to his active service and denied his claim for service connection.

The Board has determined that the veteran does not have a right knee, left knee, right hip, or low back disability that is related to his service-connected laceration of the right calf. As such, service connection for these disabilities cannot be granted.

The veteran's service-connected lumbosacral strain warrants a 60 percent rating, and his left and right knee disabilities each warrant a separate 10 percent rating.

The Board has determined that the veteran does not currently suffer from chronic low back disability or right shoulder disability, and therefore service connection for these conditions is denied.

The Board does not have jurisdiction to review the veteran's claims of entitlement to service connection for bilateral hearing loss, low back disability and neck disability, or the ratings assigned to the service-connected residuals of a left elbow fracture and irritable bowel syndrome.

The Board denied service connection for a low back disability and a neurologic disability of the hands, as well as denial of reopening a claim for secondary service connection for a right knee disability. The increased rating claim for left total knee arthroplasty was also denied.

The Board denied the veteran's claims for service connection for a low back disorder and left foot disorder, finding that these conditions were not related to his active service or his service-connected right great toe disability. The claim for a compensable rating for residuals of a right great toe fracture was also denied.

The Board has denied the veteran's claims for service connection of right hip, left hip and low back disabilities as secondary to his service-connected right total knee arthroplasty. The evidence does not support a causal relationship between these conditions and his service-connected condition.

The Board has determined that the veteran's current low back disability is due to an injury sustained in service, and thus grants service connection for this condition.