Back / lumbar spine decisions — 2003

The Board denied an increased evaluation for the veteran's low back disability and also denied entitlement to TDIU due to service-connected disabilities.

The veteran withdrew his appeal for service connection and increased evaluation of the left knee disorder and lumbar spine degenerative disc disease.

The Board denied the veteran's claims for service connection for a low back disability and pneumonia, finding no evidence of such conditions during or related to his military service.

The Board denied reopening the claims of service connection for a back disability and a nervous disability, including paranoid schizophrenia due to lack of new and material evidence.

The Board has determined that new and material evidence has been submitted to reopen the claim of service connection for a low back disorder. The appellant's current medical records show a history of back pain since his discharge from active duty, which is linked to an in-service motor vehicle accident. As such, the Board finds that service connection is warranted.

The Board found that the veteran's claimed psychiatric, low back, and cervical spine disabilities are not related to his military service. The claims for these conditions were therefore denied.

The Board has determined that the veteran's fibromyalgia is related to active service, but there is no current musculoskeletal back disorder linked to active service. The issue of an increased evaluation for PTSD remains moot due to the assignment of a 100% schedular rating.

The veteran's tinnitus is service-connected, but his bilateral hearing loss and right knee disorder are not. His back disorder is also service-connected.

The Board has reopened the claims for service connection for a psychiatric disorder, including organic brain syndrome and mental retardation, but denied all other claims due to lack of evidence linking these conditions to service.

The Board found that the veteran's L5-S1 degenerative disc disease originated in service and granted a 10 percent rating for his left ankle disability effective April 27, 2000.

The veteran's claims for various disabilities, including those related to his Persian Gulf War service, have been denied as they are not found to be directly or secondary to his military service.

The Board has determined that new and material evidence has been submitted to reopen the claim of entitlement to service connection for a low back disorder. The issue remains on appeal as to whether service connection should be granted.

The Board has granted the veteran's claim for service connection for degenerative arthritis of the lumbar and thoracic spine, finding that it is related to the arthritis he was found to have within one year after his separation from active service.

The Board denied an earlier effective date for the award of TDIU, finding that the veteran was not unemployable due to service-connected disabilities prior to October 29, 1996.

The veteran's service-connected cervical strain with degenerative changes is currently rated at 40 percent, effective October 15, 1994.

The Board has denied the veteran's claims for service connection for back, neck, and left arm disorders due to a lack of evidence showing that these conditions were incurred or aggravated by service.

The Board has granted service connection for a back disorder, finding that the appellant incurred this condition during active military service and has had continuous symptoms since discharge. The benefit of doubt rule was applied in favor of the appellant.

The veteran's claim for a compensable evaluation for his service-connected degenerative joint disease/lumbar strain is being remanded due to the need for additional development, including obtaining medical records and scheduling an examination.

The veteran is permanently and totally disabled for pension purposes due to multiple non-service-connected disabilities, including hypertension, gastroesophageal reflux, dysthymia by history, degenerative joint disease of the lumbar and thoracic spines, degenerative joint disease of the left ankle, bilateral knee arthritis of the patella, mass soft tissue of the neck, and allergic rhinitis.

The veteran does not meet the criteria for vocational rehabilitation benefits due to his service-connected prostatitis and nonservice-connected low back pain, headaches, and schizophrenia. His employment handicap is not caused by his service-connected disability.