Back / lumbar spine decisions — 2003

The Board found that the veteran's current low back disability, manifested by degenerative changes of the end plates at most levels, began in service and is the result of disease or injury incurred therein. The claim for service connection was granted.

The Board has determined that the veteran's low back disorder and lumbar arthritis were not incurred in or aggravated by service, nor may they be presumed to have been so incurred. The evidence does not support a finding of an in-service injury or disease related to these conditions.

The Board denied the veteran's claim for service connection for degenerative disc disease of the lumbar spine, finding that there was no evidence to support a causal relationship between his current condition and his military service.

The Board has determined that the veteran's low back disability does not warrant an evaluation in excess of 20 percent, and his scar of the left forearm is not compensable.

The VA denied the veteran's claim for a total disability rating based on individual unemployability due to his service-connected back disorder, finding that he is not precluded from performing all forms of substantially gainful employment.

The Board has granted a 40 percent evaluation for the veteran's service-connected low back disability, effective from March 23, 2001.

The Board has reopened the veteran's claims of service connection for lumbosacral strain with scoliosis, left shoulder disorder, and chronic sinus disorder based on new evidence submitted since the August 1994 decision.

The Board has determined that the veteran's claimed back disability was not incurred or aggravated by service, and his claim for increased rating of varicose veins is denied.

The Board has determined that the veteran's congenital spinal stenosis with scoliosis, which was aggravated by military service, warrants service connection for a back disability.

The Board has determined that there is no evidence to support the veteran's claims of service connection for spondylosis of the lumbar, cervical, and thoracic spines. The pre-service and post-service medical records do not show any chronic conditions related to these areas during or after service.

The veteran's claims for increased evaluations of his cervical and lumbosacral spine disabilities, as well as service connection for a bilateral arm disability, were denied. The Board found that the evidence did not support higher ratings or service connection.

The Board found that the veteran's back disorder and PTSD are service-connected, with no presumption or new evidence involved.

The RO granted service connection for pes planus, herniated nucleus pulposus at the L2 level with chronic low back pain, degenerative joint disease of the left knee, and impingement syndrome of the right shoulder. The veteran's claims for increased ratings for hemorrhoids, pes planus, and herniated nucleus pulposus were granted.

The Board has granted an increased rating of 30 percent for the veteran's service-connected anxiety disorder, effective from the date of the decision.

The veteran's low back condition, which resulted in moderate impairment due to pain and limitation of motion, was evaluated at the initial 10 percent level. The Board denied his claim for an evaluation in excess of 20 percent on schedular grounds.

The Board has determined that the veteran does not have current disability from a low back disorder, gastroesophageal reflux disease, or tinnitus related to service. However, he is entitled to service connection for tinnitus due to in-service noise exposure.

The Board denied the veteran's claims for service connection for hepatitis B and increased ratings for cervical and lumbar spine disorders, but found no evidence of current infectious hepatitis B or chronic disability from these conditions.

The Board denied the reopening of claims for service connection for left hip, back, and gastrointestinal (GI) disorders due to lack of new and material evidence.

The Board has determined that the veteran did not have prostate cancer, hearing loss, hypertension, or a back disorder during his active service. The Board also found no evidence of such conditions within one year after separation from active service. Therefore, the claims for these conditions are denied.

The veteran's chronic lumbar strain with traumatic arthritis is manifested by moderate limitation of motion and complaints of weakness in the low back and lower extremities, but his disability does not meet or approximate the criteria for a rating higher than 20 percent.