Back / lumbar spine decisions — 2002

The Board denied the veteran's claim for service connection for a back disability, finding that there is no evidence showing a direct relationship between his current back condition and any incident during active duty or inactive duty training.

The veteran's service-connected conditions, including his low back disability and undifferentiated somatoform disorder, render him unable to secure or maintain gainful employment.

The Board of Veterans' Appeals (BVA) has determined that the case should be remanded to the RO for consideration of the veteran's claim under 38 U.S.C.A. § 1151(a)(2) and 38 C.F.R. § 3.358 due to insufficient development, including confirmation of participation in a compensated work therapy program.

The veteran's initial compensable evaluation for a shell fragment wound scar of the lumbar spine was granted. However, an increased evaluation to 100 percent for PTSD is denied prior to September 21, 1998 and affirmed from that date.

The Board found that the veteran did not file a timely notice of disagreement with respect to the March 1994 rating decision denying service connection for PTSD and back disorder, thus dismissing the claims due to lack of jurisdiction.

The Board granted service connection for the veteran's lumbosacral strain and assigned a 10 percent evaluation effective from June 1, 1965. The RO also granted service connection for degenerative disc disease of L4-S1 with radiculopathy and assigned a 40 percent evaluation effective from May 15, 1997. The veteran's fractured left fibula was rated as noncompensable. Bilateral hearing loss was not considered due to lack of evidence.

The veteran's claims for increased ratings have been denied as the evidence does not support a higher evaluation under applicable diagnostic codes.

The Board found that the veteran's current back conditions did not exist during active service or within one year of discharge, and are not related to his military service.

The Board found no evidence of negligence or error on the part of VA during the veteran's stay at the halfway house, and concluded that his back disability did not worsen as a result of treatment provided by VA. The veteran's pre-existing condition was aggravated by physical exertion, including lifting weights.

The veteran's claims for increased evaluations of his service-connected lumbar strain, vastus lateralis/fascial disruption of the right thigh, left patellar pain syndrome, and left calcaneal spur were denied. The RO increased the initial rating assigned to lumbar strain from noncompensable to 20 percent effective July 1, 1998, but did not grant a higher evaluation for any other condition.

The veteran's claims for increased ratings for his service-connected hypertrophic arthritis of the lumbar spine, cervical spine, and sacroiliac and hips joints were denied. The RO assigned noncompensable evaluations for the hip condition.

The Board has granted the veteran's claims for service connection for a back disability and denied his claims for bilateral ankle and left knee disabilities.

The veteran's service-connected and 38 U.S.C.A. § 1151 disabilities substantially contributed to his death from congestive heart failure, which was the immediate cause of death.

The Board granted the veteran's claims for increased disability ratings for various service-connected conditions, including patellofemoral syndrome of both knees, lumbosacral strain, left shoulder strain, a left foot spur, and onychomycosis. The effective date is not specified in the decision.

The Board denied the veteran's service connection claims for cervical spine, left knee, and right hip disabilities as there was no evidence of in-service injury or disease.

The Board determined that the veteran's service-connected low back and bilateral knee disabilities do not warrant a compensable rating under the applicable VA rating criteria.

The Board denied a request for an earlier effective date of February 11, 1992, for the grant of a total rating based on individual unemployability due to service-connected disability.

The Board denied the veteran's claim for an increased evaluation for his lumbosacral strain with arthritis, finding that the condition has been manifested by a lengthy history of back complaints but not shown to warrant a rating in excess of 40 percent.

The veteran's increased rating claim for lumbosacral strain with sciatic irritation was denied as the disability is currently evaluated at 40 percent. The service connection claim for right biceps tendon avulsion secondary to his service-connected lumbosacral strain was also denied.

The veteran's claims for service connection for arthritis of the lumbar spine, headaches, and joint pain were denied. The Board found that the veteran does not currently have these conditions.