Back / lumbar spine decisions — 2003

The Board found that the VA surgery in January 1961 did not cause any additional disability to the veteran's left leg or low back, and thus denied his claim for compensation under 38 U.S.C.A. § 1151.

The Board has determined that new and material evidence has been submitted to reopen the claim of service connection for a back disability. The veteran's current back disability is found to be etiologically related to his military service.

The Board found that the veteran's current low back disability did not begin in service and was not caused by any incident of service, thus denying his claim for service connection.

The veteran's claims for increased ratings were partially granted, with the left medial malleolus disability receiving a higher rating. The other two issues remained denied.

The Board has determined that the veteran's low back disability warrants a rating of 60 percent from July 4, 1994 to June 11, 1995 and a rating of 40 percent since June 12, 1995.

The Board has determined that the veteran's psychiatric disability, depression, is caused by her service-connected lumbosacral strain. The rating for lumbosacral strain has been increased to 40 percent.

The veteran's claim for an increased evaluation for his service-connected lumbosacral strain is being remanded due to the need for updated treatment records and a more contemporary VA examination. The RO must also comply with the Veterans Claims Assistance Act of 2000 (VCAA).

The Board of Veterans' Appeals has determined that the veteran's current low back disability did not originate during service and is unrelated to any incident or disease in service. The pre-existing condition was not aggravated by military service, and therefore, service connection for a low back disability cannot be granted.

The Board has reopened the claims for service connection for respiratory disorders, left knee disability, lumbar spine disability, right knee disability, right hip disability, and left hip disability. However, new evidence submitted since previous decisions does not warrant reopening of the claims for other conditions.

The veteran's claim for an increased evaluation for the service-connected residuals of a gunshot wound to the low back was granted, with a current rating of 20 percent. The claims for a higher initial evaluation for PTSD and for an earlier effective date for the award of service connection and compensation for PTSD were also granted.

The Board found that the veteran's service-connected lumbosacral strain does not warrant a higher disability evaluation, as his symptoms do not meet or approximate the criteria for a rating in excess of 10 percent.

The Board has determined that new and material evidence has been received to warrant reopening the claim of service connection for a low back disability.

The Board has granted service connection for thoracolumbar scoliosis and associated degenerative arthritis of the thoracolumbar spine, finding that the veteran's pre-existing condition was aggravated by her active military service.

The Board has reopened the veteran's claims for right shoulder rotator cuff repair and a back disorder, to include arthritis of the lumbar and cervical spine. The evidence presented is considered new and material, allowing the claims to be reviewed on their merits.

The Board of Veterans' Appeals has determined that the veteran's currently diagnosed low back disorder is not related to incidents of service, and therefore denied his claim for service connection.

The Board has denied an increased rating for the veteran's left knee chondromalacia patella and found new and material evidence to have been submitted regarding her back disorder, but did not specify a final decision on either issue.

The Board has determined that the veteran's low back disorder is not related to his service-connected post-traumatic status of the right foot, and therefore denied the claim for secondary service connection.

The Board found no evidence of a chronic low back disability during service and denied the veteran's claim for service connection.

The VA has granted an initial 40 percent rating for the veteran's degenerative disc disease of the lumbar spine, effective from April 17, 1996. The decision is based on the severity of the disability as determined by the old version of Diagnostic Code 5293.

The Board found that the evidence does not support a grant of service connection for a back disorder, to include as secondary to the service-connected weak foot, and denied both issues. The veteran's hearing loss was also denied.