Back / lumbar spine decisions — 2002

The Board has determined that new and material evidence was submitted to reopen the claim for service connection for a back disability, thus granting the veteran's request.

The Board found that the veteran's low back disability, characterized by moderate limitation of motion with pain, does not warrant a higher evaluation than the current 20 percent rating.

The Board denied an increased evaluation for chronic low back strain, finding that the current disability is almost entirely due to non-service-connected injuries and therefore not warranting a higher rating under applicable criteria.

The Board denied a higher initial rating for the service-connected back disorder, currently evaluated as 10 percent disabling.

The Board denied the appellant's application to reopen his claim for service connection for a back disability, finding that the new evidence submitted was not sufficient to reopen the case.

The Board has granted the veteran's claim of service connection for residuals of a low back injury, finding that there is an approximate balance of positive and negative evidence to support this decision.

The Board has granted a 40 percent rating for the service-connected low back disability, effective November 28, 2000. The veteran's neck injuries are not service connected.

The Board has determined that the veteran's service-connected disabilities have impaired her ability to obtain and retain employment consistent with her abilities, aptitudes, and interests. Therefore, she is eligible for vocational rehabilitation training under Chapter 31 of Title 38, United States Code.

The Board denied the veteran's claim for TDIU due to service-connected disabilities, finding that his combined disability rating did not meet the minimum requirements for schedular or extraschedular TDIU. The veteran had worked at substantially gainful employment and was capable of performing the physical and mental acts required for such employment.

The veteran's low back disability is rated at 40 percent, the highest available under Diagnostic Code 5292 for severe limitation of motion.

The Board has denied the veteran's claims for service connection for various conditions, including cervical spine disorder, back disorder, bilateral shoulder disorder, tinnitus, rhinitis, otitis media, and residuals of tonsillectomy. The arthritis of the knees is separately rated at 10 percent.

The Board has determined that the veteran is entitled to service connection for residuals of an injury to her cervical spine, including headaches. The evidence supports a finding that these conditions are due to her fall while on active duty in June 1987.

The Board has dismissed the appeals for service connection on all issues due to the appellant's withdrawal of these appeals.

The Board found that the veteran's back condition was not incurred or aggravated in service and denied his claim.

The Board found that the veteran's low back disability is not related to his service-connected left knee disability and denied reopening of his right knee disability claim. The right knee disability was also not shown to be related to his service-connected left knee disability.

The VA denied an increased rating for the veteran's service-connected chronic low back disorder with L5 radiculopathy, currently rated at 40 percent.

The Board has determined that new and material evidence has been submitted to reopen the veteran's claims of service connection for low back and cervical spine disorders.

The Board denied the veteran's claims of entitlement to service connection for a back disorder, gastrointestinal disorder and headaches. The decision concluded that his preexisting back disorder did not worsen during or as a result of his service, and there is no competent evidence linking his current diagnosed headaches with his service.

The Board has determined that the veteran's claimed conditions are not related to his military service and denied all of his claims.

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