Back / lumbar spine decisions — 2003

The Board has determined that the veteran's low back and hip disorders are not related to his service-connected chondromalacia of both knees, and thus denied both claims.

The Board found no evidence to support a link between the veteran's current low back disability and his military service, thus denying the claim.

The Board has determined that the veteran does not have a low back condition related to his service and therefore denied his claim for service connection.

The Board has granted a 60 percent disability rating for the veteran's chronic low back strain, effective from the date of the decision. The veteran is also granted entitlement to a total disability rating based on individual unemployability due to service-connected disabilities.

The Board found that the appellant does not have post-operative residuals of a herniated nucleus pulposus of the lumbar spine attributable to any period of military service, including his third period from August 1975 to December 1976. The claim for left elbow disability was denied as new and material evidence had not been submitted.

The Board denied the veteran's claim for benefits under 38 U.S.C.A. § 1151, finding that his conditions did not result from VA medical care and were not proximately caused by any event not reasonably foreseeable.

The Board denied reopening the claims for service connection for left knee condition and low back condition due to lack of new and material evidence.

The Board found that the veteran's degenerative disc disease of the lumbar spine is not related to his service and denied his claim for service connection.

The Board denied the veteran's claims for service connection for cardiovascular disability, respiratory disability (including COPD), back disability, and diabetes mellitus as there was no evidence of a link between these conditions and his military service.

The Board denied service connection for a low back disorder and hepatitis, finding that there was no evidence linking these conditions to service.

The Board denied the veteran's claims for an increased rating and a TDIU, finding that his service-connected lumbar syndrome with degenerative changes is manifested by severe lumbosacral strain without any additional disability warranting a higher rating.

The Board has determined that the veteran's low back disability was not incurred or aggravated during his military service and is unrelated to any inservice injury. The preponderance of evidence does not support a finding in favor of service connection.

The Board granted service connection for aggravation of the veteran's nonservice-connected lumbar spine degenerative arthritis by his service-connected foot disabilities (pes planus, hammertoes, and hallux valgus with callosities). The veteran is entitled to a noncompensable rating for this condition.

The veteran's service-connected low back disability is manifested by pronounced intervertebral disc syndrome, with no more than intervertebral disc syndrome with incapacitating episodes having a total duration of at least six weeks during the past twelve months, and no more than severe limitation of low back motion or severe lumbosacral strain plus moderate sciatica. The criteria for a 60 percent rating have been met.

The Board has determined that the veteran's service-connected disabilities include a neck injury, low back disorder, and injuries to his left fourth finger. The right leg disorder is not service connected, and there is no evidence of head injury service connection.

The Board denied the veteran's request to reopen his claim of service connection for a back disability, finding that no new and material evidence had been submitted since the April 1971 rating decision.

The Board has granted a 10 percent rating for the scar, residuals of an injury to the right anterior thigh and assigned a 10 percent rating for osteoarthritis of the lumbosacral spine.

The Board has reopened the veteran's claim of entitlement to service connection for lumbosacral strain due to new and material evidence received since the May 1955 rating decision. The issue will now be addressed under a merits analysis.

The veteran's anxiety/depression is rated at the highest possible evaluation of 70 percent, while his cervical spine disability and low back strain are each rated at 20 percent. The bilateral knee strain and irritable bowel syndrome do not meet the criteria for a higher rating.