Back / lumbar spine decisions — 2003

The Board has determined that the veteran's degenerative disc disease of the lumbar spine is likely due to an injury sustained during service, and thus grants service connection for this condition.

The Board granted service connection for a low back disability effective October 6, 1995. The veteran is seeking an earlier effective date.

The Board has granted service connection for a chronic cardiac disorder, including cardiomegaly and hypertensive heart disease. The veteran's hypertension is currently rated at 10 percent.

The Board denied the veteran's claims for service connection for a right foot disorder, neck disorders, and low back disorder. The veteran's perianal and penile warts were not found to be related to his military service.

The veteran's service-connected low back strain is currently rated at 20 percent, and the Board has found that this rating adequately reflects his current disability level.

The Board has granted service connection for herniated nucleus pulposus and lumbar myositis, finding that the evidence is in relative balance with the veteran's favor, placing more weight on the positive evidence than the negative.

The Board denied increased ratings for the appellant's service-connected lumbosacral strain and postoperative residuals of right hallux varus, finding that the evidence did not warrant a higher rating. The claim to reopen the previously denied claim for shortening of the right leg with hip pain was also denied.

The veteran's multiple disabilities, including osteomyelitis, ulcerative colitis, back pain, lumbar stenosis, obesity, and sleep apnea, require the care or assistance of another person on a regular basis. The Board finds that he is entitled to special monthly pension benefits based on the need for regular aid and attendance.

The veteran's service-connected disabilities are of such severity as to preclude all forms of substantially gainful employment, and the Board finds that he meets the criteria for a TDIU.

The VA determined that the appellant does not have a back, right hip, or right leg disability that is related to his military service. The VA found no evidence linking these disabilities to any events during his service.

The Board has determined that the veteran's claimed low back disorder and bilateral leg disorder were not incurred or aggravated during his military service, nor may they be presumed to have been incurred due to exposure to any specific hazard. The evidence does not support a finding of service connection for these conditions.

The Board has denied the veteran's claims for service connection for degenerative disc disease involving L1-2, L3-4, L4-5, and L5-S1 as well as tooth extractions and jaw injury due to lack of evidence linking these conditions to his military service.

The Board denied service connection for a back disorder and a psychiatric disability, finding that the disorders were not incurred or aggravated by active duty for training.

For the period from August 29, 1992 to December 8, 1994, the veteran's myofascial pain syndrome of the lumbar spine was rated as noncompensable. For the period from December 9, 1994, a rating in excess of 10 percent is denied.,For the period from August 29, 1992 to June 11, 1999, the veteran's minimal posterior spurring of C5-C6 with minimal kyphotic angulation at C4-C5 was rated as noncompensable. For the period from June 12, 1999, a rating in excess of 20 percent is denied.

The Board has found new and material evidence to reopen the claim for service connection of a low back disability, which was previously denied. The appellant's initial claim seeking service connection for a low back disability was denied in February 1987, and an attempt to reopen it was denied in April 1999. New evidence received since then includes documentation of chronic low back disorders such as arthritis of the lumbosacral spine and a herniated lumbar disc.

The Board denied the veteran's claims for increased evaluations for his service-connected left heel spur, right heel spur, and degenerative bony spurring of the lumbosacral spine.

The veteran's claim for service connection and nonservice-connected disability pension was denied as he did not meet the basic eligibility requirements due to nonqualifying wartime service.

The Board denied the veteran's claim for service connection for a low back disability, finding no credible evidence supporting his account of an injury resulting from his left knee disability.

The Board found that the veteran's low back disorder was not incurred in or aggravated by service, nor is it etiologically related to service. The preponderance of evidence does not support a finding of service connection.

The Board found that the veteran's low back condition was not related to his service and denied his claim for service connection.