Back / lumbar spine decisions — 2002

The Board has determined that new and material evidence has been submitted to reopen the veteran's claim of entitlement to service connection for a low back disorder, which was previously denied in May 1960. The claim is now reopened.

The veteran's appeal is being remanded to the RO for further development and consideration of his claims, including review of revised rating criteria.

The Board found no clear and unmistakable error in the March 1974 rating decision that denied service connection for a back disorder, as there was no evidence showing the condition was incurred or aggravated during active duty.

The Board found that the veteran's lumbosacral strain did not warrant a rating in excess of 10 percent, as there was no evidence of more significant disability than what is already compensated by the current evaluation.

The veteran's claim for a total disability rating based on individual unemployability (TDIU) was denied as his service-connected lumbosacral strain does not preclude him from securing or following a substantially gainful occupation.

The Board has reopened the veteran's claim for service connection due to new and material evidence, and finds that his current low back disability is related to a fall he experienced in service. Service connection is granted.

The Board found that the veteran does not have a back disability that began in service or is related to his military service, and therefore denied service connection for a back disability.

The Board found that the veteran's service-connected lumbar strain, which is currently rated at 40 percent, does not warrant a higher rating as it only produces severe impairment.

The Board has determined that the veteran's low back disability is secondary to his service-connected right knee disability, and thus service connection for this condition is granted.

The Board found no evidence of a current low back disability that was incurred or aggravated by service, and denied the veteran's claim for service connection.

The Board has determined that the veteran's back disorder is not proximately due to or the result of his service-connected recurrent left ankle sprain, and therefore denied entitlement to service connection for a back disorder secondary to his service-connected left ankle sprain.

The Board found that the veteran's death was not caused by a service-connected disability, and thus denied the claim for service connection for the cause of the veteran's death.

The Board has determined that the veteran's current back disability, diagnosed as ankylosing spondylitis, is related to his period of service and grants service connection for a chronic acquired back disorder.

The Board has restored the veteran's original 50 percent rating for his lumbar compression fracture, effective October 15, 1997. The claim for a higher rating is denied.

The Board has determined that the veteran's degenerative disc disease of the cervical spine with spondylosis is related to his service-connected degenerative disease of the lumbar spine, and thus grants service connection for this condition.

The Board found that the reduction in disability rating from 40% to 20% was not proper and ordered restoration of a 40% disability rating.

The Board has reopened the veteran's claim for service connection for a low back disorder as secondary to his service-connected right knee disability and granted this claim.

The Board denied service connection for the veteran's claimed low back disorder, left shoulder disorder, bilateral knee disorder, and basal cell carcinoma/actinic keratoses. The VA found no medical evidence showing these conditions were incurred in or related to his military service.

The veteran's conditions, while severe, do not meet the criteria for special monthly pension based on the need for aid and attendance due to his ability to care for himself with assistance from his son.

The Board denied the veteran's request to reopen his claim for service connection for a low back disability, finding that no new and material evidence had been submitted.