Back / lumbar spine decisions — 2002

The Board found no evidence of a low back injury during service and concluded that current low back disability is not related to any incident in service. The claim for service connection was denied.

The VA denied the claim that the veteran's service-connected conditions contributed to his death. The Board found no evidence linking any of the veteran's service-connected disabilities, including his hearing loss and tinnitus, to his death.

The veteran's chronic low back strain is service-connected, and he received a 30% evaluation for his post-traumatic stress disorder.

The Board denied the veteran's claims for service connection for tinnitus and a back disorder, finding that new and material evidence had not been submitted to reopen these previously denied claims.

The Board has denied the veteran's claims of entitlement to service connection for lumbar spine and cervical spine degenerative joint disease, as well as the evaluation assigned for his PTSD.

The Board denied the veteran's claim for service connection for a low back disability, finding that there was no evidence supporting the proposition that the currently diagnosed back disability was either caused or aggravated by his service-connected right knee disability.

The Board found that the veteran's service-connected lumbosacral strain does not meet or approximate the criteria for a higher disability rating, as his symptoms are consistent with severe intervertebral disc syndrome but do not reach the level of pronounced intervertebral disc syndrome required for an increased rating under Diagnostic Code 5293.

The Board denied service connection for spondylolisthesis of the lumbosacral spine as it was a congenital defect. The right ankle fracture is currently rated at 10%.

The Board has determined that the veteran's claimed back disorder and disorders of the pancreas and spleen were not incurred or aggravated during active duty service, and thus denied his claims.

The Board has found that new and material evidence has been submitted to reopen the veteran's claim of service connection for a low back disability, which was previously denied in November 1995.

The Board has found new and material evidence sufficient to reopen the veteran's claim for service connection for a low back disability, but additional development is needed before rating or assigning an effective date.

The veteran's claim for an increased evaluation of his service-connected postoperative residuals of a lumbosacral spine injury was denied as the disability is currently rated at 40 percent and no new evidence has been provided to warrant an increase.

The Board has determined that the veteran's service-connected low back strain warrants a 40 percent disability rating, which is the maximum available under Diagnostic Code 5295.

The Board denied the veteran's claims for increased ratings for his service-connected low back, left ankle, and right elbow disorders.

The Board found no clear and unmistakable error in the May 1956 rating decision that denied service connection for a back disorder other than lumbosacral strain, including ankylosing spondylitis.

The Board found that the veteran's recurrent low back strain with radiculopathy is manifested by limitation of motion, resulting in recurring attacks of pain with intermittent relief. The disability does not meet the criteria for a rating in excess of 40 percent.

The Board has determined that the veteran's current low back disability, including spondylolisthesis at L5-S1, was incurred during his active service. The claim for residuals of asbestos exposure is denied as there is no evidence of such exposure in service or post-service.

The Board found that the veteran's service-connected lumbar strain is no more than moderate in degree and productive of only moderate limitation of motion, thus denying an increased rating.

The Board found that the veteran's service-connected low back disability is best characterized by a 40 percent rating, which is already at its maximum under Diagnostic Code 5295. The evidence did not support higher ratings based on other diagnostic codes or for additional manifestations of his condition.

The Board denied an increased disability evaluation for the veteran's lumbosacral strain secondary to probable minimal compression fracture of L-4, finding that a 40 percent evaluation was warranted prior to March 20, 2000 and denying any higher rating thereafter.