Back / lumbar spine decisions — 2002

The Board found that the veteran's low back disorder was incurred during his active military service and granted entitlement to service connection.

The Board has determined that the veteran's current back disability is not related to his military service and thus denied his claim for service connection.

The Board has determined that the veteran's current low back disability, manifested by muscular pain, is due to an injury sustained during service and grants service connection for this condition.

The Board has found that new and material evidence has been submitted to reopen the veteran's claim of service connection for a back disability. The case is now remanded for further development, including scheduling a VA examination.

The veteran is granted service connection for degenerative spondylosis of the lumbar spine and chloracne, with effective dates prior to April 1, 2000 and September 25, 2000 respectively. The veteran's claim was reopened on new evidence.

The veteran's claim for special monthly pension based on the need for regular aid and attendance of another person was denied as he does not meet the legal requirements to receive such benefits.

The Board denied the veteran's claim of entitlement to service connection for low back strain with sciatica, finding that there was no evidence linking his current disability to his period of active military service.

The Board has determined that the veteran's service-connected low back disability presents such an exceptional or unusual picture with marked interference with employment, warranting a 10% extra-schedular evaluation.

The Board denied both the request for an increased evaluation and a retroactive effective date, finding that the evidence did not support either claim.

The Board denied increased ratings for the appellant's service-connected gastrointestinal and lumbar spine disorders, as well as his claim to reopen a psychiatric disorder. The decision also noted that the issue of total disability rating based on individual unemployability due to service-connected disorders is pending.

The veteran is granted service connection for irritable colon condition with gastroesophageal reflux starting from May 17, 1991. The effective date of the grant of a 30 percent disability rating for this condition is set at May 17, 1991.

The Board denied the veteran's claims for service connection for several musculoskeletal disabilities, finding that there was no evidence of a nexus between his current conditions and his military service.

The veteran's appeal has been dismissed due to his death during the pendency of the appeal. The Board has no jurisdiction to adjudicate the merits of this case.

The Board has reopened the veteran's claim for service connection for a back disorder due to new and material evidence. However, the claim is denied as there is no competent medical evidence linking the current back disorder to his military service.

The Board found that the veteran's degenerative disc disease of the lumbar spine warranted a 40 percent evaluation, but denied his claim for an increased rating for residuals of cholecystectomy and history of duodenal ulcer.

The veteran's claims for temporary total disability ratings based on hospitalization and surgery were denied as he did not meet the requirements under VA regulations.

The Board denied the veteran's claims for an increased rating for his low back disability and service connection for a bilateral knee disability, finding that the evidence did not support these claims.

The Board denied the veteran's claim for payment or reimbursement of unauthorized medical expenses incurred from February 1992 through June 1992, finding that there was no prior authorization and that VA facilities were not feasibly available.

The Board has determined that the veteran's low back disability, including degenerative disc disease and arthritis, was incurred during service due to an inservice injury. Service connection is granted.

The veteran's claims for an effective date prior to February 9, 1998 and a rating in excess of 50 percent for his service-connected low back disability were denied. His claim for TDIU was also denied.