Back / lumbar spine decisions — 2003

The Board has determined that the veteran's cervical spine disorder, including thoracic outlet syndrome, and low back disorder were not incurred in or aggravated by active service.

The Board found that the submitted evidence was not new and material, thus denying the veteran's attempt to reopen her claim of service connection for a back disability.

The veteran's claims for increased ratings for scars of the knees and a low back disability were denied. The low back disability was rated as 40 percent disabling from July 10, 1996 to September 22, 2002, and then rated at 40 percent with an additional 10 percent for L5 radiculopathy.

The veteran's claim for increased non-service-connected special monthly pension based on the need for aid and attendance was denied as he is able to perform many daily activities without assistance.

The veteran's claims for service connection for arthritis of the right knee, left knee, and lumbar spine were denied. The claim for an initial disability evaluation in excess of 10 percent for postoperative right shoulder dislocation was granted (20%). However, the claim for TDIU remains denied.

The Board found that the veteran's current low back, cardiovascular disease, liver disease, and shoulder disability were not incurred in or aggravated by service.

The Board denied service connection for sinusitis and arthritis of the lumbar spine, finding no evidence to support these claims.

The Board has determined that the veteran does not have a right shoulder disability, COPD, or low back disability that is associated with injury, disease, or event of his military service. The claims for these conditions are therefore denied.

The Board denied the veteran's request to reopen his claim of service connection for a low back disorder, finding that the new evidence submitted was not material.

The VA denied an increased evaluation for lumbosacral strain, currently rated at 20 percent.

The VA has determined that the veteran's cervical spine disability warrants a 10 percent evaluation, which is the current rating for this condition.

The Board of Veterans' Appeals has determined that the veteran's current low back disorder is related to an incident during service and has granted service connection for residuals of a low back strain.

The Board has determined that the veteran's low back disability warrants a 40 percent rating, which is higher than the initial 20 percent assigned by the RO.

The Board found that the January 1992 rating decision contained clear and unmistakable error (CUE) in denying service connection for aggravation of a low back disorder, chronic low back pain with radiculopathy. The veteran's representative argued that the RO failed to apply the presumption of aggravation correctly due to pre-existing disability from an April 1990 motor vehicle accident.

The Board denied the veteran's claims for service connection for low back pain, angina and hypertension, as well as a total evaluation based on individual unemployability due to service-connected disabilities. The Board found no evidence of chronic conditions in service or related to service.

The Board has denied the veteran's claims for service connection for various conditions, including a back disorder, bilateral knee disorders, and multiple joint arthritis. The decision also addressed her claim for secondary service connection for myofascial pain syndrome and other disabilities.

The Board found no chronic low back injury or disorder in service and no current disability. The veteran's congenital spinal stenosis is not shown to be related to service.

The Board has determined that new and material evidence has been presented to reopen the claim of service connection for a low back disability, which will now be evaluated on its merits.

The Board found that the veteran's scoliosis, a congenital condition, pre-existed service and was not aggravated by any in-service injury. The current back disability is attributed to aging and cumulative trauma throughout his life.

The veteran's claim for service connection for a back disorder was remanded due to incomplete examination findings. The case is now being returned to the RO for completion of the task.