Back / lumbar spine decisions — 2003

The Board found that the veteran did not timely appeal the November 1991 rating decision denying service connection for a lower back disability, cervical warts, and urinary tract infections. The claims were denied as final due to lack of timely appeal.

The Board found that the veteran's low back disability, bilateral hip disability, and kidney disorder were not incurred in or aggravated by service based on the current medical evidence of record. The veteran was denied service connection for these conditions.

The Board has determined that new and material evidence has not been submitted to reopen the veteran's claims for service connection for a low back disorder and an allergic response, as the provided evidence is cumulative or does not establish a direct link between these conditions and service.

The Board found that the veteran's cervical spine and low back conditions were not incurred or aggravated by active service.

The veteran's service-connected right ankle sprain is rated at a 10 percent disability evaluation, effective from April 28, 1994. The VA determined that the condition meets the criteria for moderate limitation of motion.

The Board has remanded the case for further development due to incomplete information and need for additional medical examination.

The veteran's claims for increased ratings and service connection were denied. The RO found that the current ratings adequately reflect the severity of his disabilities.

The Board granted the veteran's claim, increasing her initial rating from 20 percent to 40 percent for degenerative disc disease L5-S1.

The Board has determined that the veteran's service-connected low back, right foot, and right ankle disabilities do not warrant an increased rating as they are currently evaluated.

The Board found that there is no competent medical evidence linking the veteran's current knee, shoulder, or back conditions to his active service.,For the acquired psychiatric disorder claim, the VA examiner stated that it was not related to service.

The Board found that new and material evidence had been submitted to reopen the veteran's claims for service connection for neck injury residuals and low back disorder. However, it was determined that there is no evidence of a chronic condition in service or within one year after service, nor any link between current conditions and service.

The Board found that the veteran's degenerative disc disease at L4-5 with spinal stenosis is not linked to his active service or to in-service treatment of his pilonidal cyst, nor does it show that it was caused or aggravated by his pilonidal cyst. The veteran's sole service-connected disability is a post-operative pilonidal cyst.

The Board found that the appellant does not have a back disability attributable to his military service.

The Board has determined that the veteran's service-connected mechanical low back pain with spondylosis at L5-S1 does not warrant a disability rating greater than 20 percent.

The Board denied the appellant's claims for increased evaluations of his left knee disability and gouty diathesis of multiple joints, as well as his claim for service connection for a lumbosacral disorder. The decision found that the current ratings adequately reflected the severity of the disabilities.

The Board has reopened the veteran's claim of service connection for a back disability due to new evidence received since the last denial. The claim is now considered on its merits.

The Board denied the veteran's claims for service connection for degenerative joint disease of the lumbar spine with hip disability and an increased rating for frontal sinusitis with allergic rhinitis.

The Board has remanded the case due to new claims being inextricably intertwined with the total disability rating claim. Additional evidence is needed, including service medical records and information about disciplinary actions during active service.

The veteran's appeal was dismissed because the veteran died during the pendency of the appeal.

The Board denied an increased rating in excess of 60 percent for degenerative disc disease of the lumbar spine, prior to September 23, 2002.