Back / lumbar spine decisions — 2002

The Board has determined that new and material evidence has not been submitted to reopen claims for service connection for a psychiatric disability, hearing loss, residuals of hepatitis, and a back disability. The veteran's eye disorder is not considered a condition that can be service-connected.

The Board found that the veteran's current low back pain and osteoarthritis were not related to service, including a motor vehicle accident in 1962. The claim for service connection was denied.

The veteran's service-connected traumatic arthritis of the lumbar spine is rated at 40 percent, and his service-connected fracture residuals of the thoracic spine are rated at 10 percent.

The veteran's claims for increased ratings for a back disability and a compensable rating for a left little toe disability were dismissed as no substantive appeal was filed.

The Board denied the veteran's claim for an earlier effective date of March 24, 1999 for a total disability evaluation based on individual unemployability due to his service-connected disabilities. The evidence did not show that he was unemployable prior to this date.

The Board has determined that the veteran's claim for an earlier effective date of April 25, 1996 is granted as it meets the criteria for establishing service connection for a back disability.

The Board granted an increased rating to 40 percent for the veteran's chronic lumbar spine disability, finding that it resulted in severe impairment.

The Board has granted an increased rating of 40 percent for the service-connected low back disability, effective from August 25, 1998.

The Board has determined that the veteran's claimed cervical spine and low back or bilateral leg disabilities are not service-connected as they did not manifest during active duty, and there is no competent evidence linking these conditions to any incident of service.

The Board denied the veteran's claims for service connection for loss of use of the lower extremities as secondary to residuals of emphysema and financial assistance in the purchase of an automobile or other conveyance and/or adaptive equipment for an automobile, finding that there was no evidence of 'loss of use' of a lower extremity due to service-connected disability.

The Board has granted service connection for a right knee disorder, but denied service connection for low back, ulcer, right shoulder, cervical spine, and psychiatric disorders. A noncompensable evaluation was assigned for tinnitus prior to June 10, 1999.

The Board denied the veteran's claims of reopening his service connection for chronic back, left leg, left arm and left shoulder disabilities due to lack of new and material evidence.

The veteran's claim for an initial disability rating in excess of 10 percent for service-connected traumatic arthritis of the lumbar spine was granted, and he is currently receiving a 10 percent evaluation.

The Board determined that new and material evidence had not been submitted to reopen the veteran's claim of entitlement to service connection for a back disorder. The case was remanded due to recent enactment of the Veterans Claims Assistance Act of 2000 (VCAA).

The Board denied the veteran's claims for service connection for right knee, left knee, and low back disorders. The veteran is also not entitled to a TDIU rating due to his service-connected pseudofolliculitis barbae (PFB).

The VA treatment did not cause or worsen the veteran's low back disability.

The Board denied the veteran's claims for initial ratings for spinal arthritis and bursitis of the right shoulder, finding that neither condition warranted a rating in excess of noncompensable.

The Board has determined that new and material evidence has been submitted to reopen the claim for service connection for a back disorder, thus allowing the appellant's claim to proceed.

The Board has determined that the veteran's low back disability was not incurred or aggravated by active service and its incurrence or aggravation during such service may not be presumed. The claim for service connection is denied.

The Board has reopened the claim of service connection for a low back disorder due to new and material evidence submitted since the last final denial.