Back / lumbar spine decisions — 2002

The Board denied the veteran's claim for service connection for a low back disorder, finding that there was no evidence of an in-service injury or disease and concluding that any current low back condition is not related to service.

The October 1991 rating decision denied the appellant's claim for a total disability rating based on individual unemployability due to service-connected disabilities, as the evidence did not show he was unable to secure and maintain substantially gainful employment.

The Board has determined that new and material evidence has been submitted to warrant reopening the claim of entitlement to service connection for a low back disability. The veteran's claim is now reopened.

The Board has reopened the veteran's claim of entitlement to service connection for a back disability secondary to his service-connected right ankle disability, as new and material evidence has been submitted. The claim is now addressed on its merits.

The appeal has been dismissed as the appellant withdrew their appeal prior to a decision being made.

The Board has reopened the veteran's claim of service connection for a back disability and granted it, finding that new evidence supports the claim.

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

The Board has determined that the veteran's injuries in the April 1969 motor vehicle accident were caused by his willful misconduct. The arthritis of the lumbar spine and bilateral hips are not service-connected as they are considered to be aggravated by pre-existing disabilities.

The Board denied the veteran's request for an increased rating, finding that his low back disability with degenerative changes and degenerative disc disease warranted a 40 percent evaluation based on limitation of motion. The evidence did not meet the criteria for a higher evaluation under Diagnostic Code 5293.

The Board denied the appellant's claims of service connection for residuals of a spinal injury and entitlement to a total disability rating based on individual unemployability due to service-connected disabilities, finding no evidence of chronic residuals of a spinal injury in service or a current back disability related to military service.

The Board determined that the veteran did not submit new and material evidence to reopen his claim for direct service connection of a low back disorder. The issue is considered 'mixed' as some issues were granted while others were denied.

The Board finds that the veteran's postoperative residuals of the lumbar spine were incurred during active service and grants service connection for this condition.

The Board has reopened the veteran's claim of service connection for a back disorder due to new and material evidence submitted since the last final denial in November 1972. The expert opinion provided by VA indicates that there is no relationship between the veteran's in-service back strain and his current back disorder.

The veteran's service-connected lumbar plexopathy with right sacroiliac posterior dislocation is currently rated at 40 percent, and the Board has determined that a 60 percent rating is warranted.

The Board denied earlier effective dates for a 60 percent rating for the veteran's service-connected low back disorder and TDIU, both effective from November 13, 2001.

The Board has reopened the veteran's claim and found that a current low back disorder is related to injuries sustained during his active service. Service connection for this condition is now granted.

The Board denied the appellant's request for accrued compensation benefits, stating that there is no legal basis to argue otherwise and that the law sets the amount of accrued benefits she is entitled to.

The Board has determined that the veteran's right knee, low back, migraine headaches, gynecological disorder (claimed as a female condition), and bowel disorder were not incurred or aggravated during her active service. The current conditions are considered to be unrelated to any incidents of service.

The veteran's claim for special monthly pension based on the need for regular aid and attendance has been granted, given his physical limitations and age.

The veteran's claims for increased evaluations of her service-connected degenerative disc disease of the cervical spine and lumbar spine have been denied. The cervical spine disorder is rated at 10 percent from October 21, 1992 to July 18, 1999; 20 percent from July 19, 1999 to February 2, 2000; and 40 percent beginning on February 3, 2000. The lumbar spine disorder is rated at 10 percent.