Back / lumbar spine decisions — 2002

The Board denied service connection for a back disorder due to lack of evidence showing an acquired condition or arthritis within one year following discharge. The veteran's current diagnosis is considered new and material, but the claim remains pending as there is no direct evidence linking the current condition to service.

The Board found that the veteran's low back disability, manifested by daily pain and limited motion, does not warrant a higher evaluation than the current 40 percent rating.

The Board denied service connection for a right knee scar and granted an initial disability evaluation of 20 percent for the veteran's lumbosacral strain, effective from July 26, 1997.

The Board denied the veteran's claims for service connection of a low back disability and right knee disability as secondary to his service-connected left knee disability.

The Board has found new and material evidence to reopen the veteran's claim of service connection for a low back condition. However, further development is needed before the claim can be decided on the merits.

The Board has reopened the claim for service connection for PTSD and found new and material evidence. However, it determined that there is no competent medical evidence linking the veteran's current cervical spine disorder to his period of active duty service. The claim for a higher rating for lumbosacral strain remains pending.

The veteran's claims for increased ratings were denied. The Board found that the evidence did not meet the criteria for a higher rating for her service-connected conditions.

The Board has determined that new and material evidence has not been submitted to reopen the veteran's service connection claims for low back disability, gout, and left leg disability. The decision is mixed as some issues have merit while others do not.

The Board found that the evidence submitted since April 1995 did not meet the criteria for new and material evidence, thus denying the veteran's attempt to reopen his claim of service connection for a back disorder.

The Board denied the veteran's application to reopen his claim for service connection for a back disorder, finding that new and material evidence had not been submitted.

The Board found that the veteran's chronic back disorder was not incurred or aggravated in active service and arthritis of the spine could not be presumed to have been so incurred.

The Board denied the veteran's claim for service connection for arthritis of multiple joints, including right knee and back disorders, finding no evidence that these conditions were related to his military service.

The Board denied the veteran's claims for service connection of a right hip disability and an increased rating for lumbar spine fracture with fusion of T11-L3. The veteran was not granted service connection for his right hip disability as it is not considered a hip disability, and he did not meet the criteria for an increased rating under the applicable diagnostic codes.

The Board has determined that the veteran's current low back disorder is not related to her service and denied her claim for service connection.

The Board found that there is no current disability related to a left foot muscle injury and denied the claim. The veteran's lumbar disc disorder was granted service connection with an initial rating of 20 percent.

The Board has reopened the claim and granted service connection for a low back disorder, finding that there is at least equipoise in the matter of a nexus between the current disability and service.

The Board found no evidence of a nexus between the veteran's current low back disorder and his service, thus denying his claim for service connection.

The Board has granted a compensable rating of 10 percent for the veteran's service-connected low back strain, effective from January 22, 1976. The claim for residuals of left little finger fracture was denied as there is no evidence that this condition is related to his service-connected disability.

The Board found that there is no objective evidence to support the veteran's claim of a fall during VA hospitalization in January 1996, and concluded that his low back disability was not caused or aggravated by this incident. Therefore, the criteria for VA compensation benefits under 38 U.S.C.A. § 1151 were not met.

The Board found that the veteran's low back disability, manifested by significant pain radiating to the lower extremities and marked limitation of motion, but without pronounced intervertebral disc syndrome, complete bony fixation (ankylosis) of the spine, or cord involvement, warranted a 40 percent rating.