Back / lumbar spine decisions — 2002

The Board denied reopening of service connection claims for a back disorder, right inguinal hernia, groin infection (epididymitis), and psychiatric disability. The claim for left foot disability was also denied.

The Board has determined that new and material evidence was submitted to reopen the claims for service connection for left shoulder, hip, leg, and low back disorders. However, it is not established that these conditions were incurred or aggravated by military service.

The Board denied the veteran's claims for service connection for his back disorder and increased evaluations for his right and left knee disorders. The appeals were not about service connection at all.

The veteran's lumbar spine disability was rated at 20 percent from September 7, 1991 to November 5, 2000 and increased to 60 percent thereafter.,His hypertension was rated at 10 percent from September 7, 1991 to February 13, 1997.

The Board granted an effective date of June 11, 1991 for a 40 percent disability rating for the veteran's service-connected low back disorder.

The Board has reopened the veteran's claim of entitlement to service connection for a low back disability due to new and material evidence submitted since the final December 1999 decision. The issue now moves forward to determine if service connection is warranted.

The Board has determined that the veteran does not have a current diagnosis of PTSD, left knee disability, tremors and numbness of the hands and arms, low back disability, or disability of the hips/legs. The claims are denied as service connection is not warranted for these conditions.

The Board has reopened the veteran's claim of service connection for a chronic disability of the thoracolumbar spine, including scoliosis. The new evidence submitted includes medical records indicating that the veteran suffers from congenital scoliosis and that military service may have worsened his ongoing pain.

The Board found no evidence that the veteran's current low back disorder, degenerative lumbar scoliosis, or degenerative disk disease had its onset in service, within one year of service, or is related to an incident of service. The claim was denied.

The Board has determined that the veteran's lumbosacral strain and bilateral pes planus do not warrant increased evaluations as there is no evidence of muscle spasm on extreme forward bending or unilateral loss of lateral spine motion in standing position, which are required for a higher evaluation under Diagnostic Code 5295.

The Board denied the veteran's application to reopen his claim for service connection for a low back disability, finding that the new evidence did not bear directly and substantially on whether a low back disability was aggravated or incurred in service.

The veteran's bilateral hearing loss and tinnitus are found to be service-connected.,The left eye disorder is not considered a disability for VA compensation purposes. The cervical spine, low back, right lower extremity (right ankle), left upper extremity on organic basis, genitourinary disorder, psychiatric disorder, headaches and memory loss on organic basis, and stomach disability are all found to be not service-connected.

The Board of Veterans' Appeals has determined that the veteran's low back disability did not originate during service and is not related to any incident or condition in service. The claim for service connection for a low back disability is denied.

The Board has determined that there is no evidence of a chronic back disability incurred during service and denied the veteran's claim for service connection.

The Board has determined that new and material evidence has not been presented to reopen the claim of service connection for a back disability.

The Board found that the veteran's left knee disability was not proximately due to or the result of his service-connected right knee, low back, and/or left hip disabilities. The right knee disability is currently evaluated at 10 percent, while the low back disability is now rated at 60 percent.

The Board has determined that the veteran's lumbar scoliosis with history of lumbar strain does not warrant an evaluation in excess of 10 percent.

The Board denied service connection for degenerative disc disease of the cervical spine and bilateral shoulder arthritis, but granted a 40% rating for chronic lumbosacral strain.

The Board finds that the veteran is entitled to service connection for a low back disorder, as there is evidence of chronic back pain dating back to his active duty. The right knee issue lacks sufficient objective evidence to establish a current disability.

The Board found no evidence of a current low back disability that is causally related to service or any other condition. The claim for service connection was denied.