Back / lumbar spine decisions — 2003

The Board denied the veteran's claims for service connection for low back disorder, gastritis, and psychiatric disorders. The claim to reopen his ulcers was also denied due to lack of new and material evidence.

The Board found that the veteran's mechanical low back pain with degenerative changes did not meet or approximate the criteria for a higher rating, as it did not involve severe intervertebral disc syndrome (IVDS), incapacitating episodes of IVDS, neurologic impairment, weakness, or incoordination.

The Board has reopened the claims of service connection for a back disability, right shoulder disability, residuals of dental trauma, and prostate disorder due to exposure to Agent Orange. The claim of service connection for peripheral neuropathy remains denied as no new evidence was submitted that would warrant reopening.

The Board has reopened the veteran's claim for service connection for a low back disorder and assigned a 10 percent rating. The effective date is to be determined based on when the new evidence was received.

The Board has determined that the veteran's residuals of a low back injury meet the criteria for a 60 percent evaluation, which is the maximum rating under Diagnostic Code 5293 (as in effect prior to September 23, 2002).

The Board denied the veteran's claims for service connection for chronic cervical and lumbar spine disorders, finding that there was no evidence of such conditions during his periods of active duty or active duty for training.

The Board has determined that the veteran's cervical and lumbar spine disorders were not incurred or aggravated during active service, nor may they be presumed to have been incurred therein. The evidence does not show a pre-existing condition worsening during service.

The Board denied the veteran's claims of service connection for hepatitis C, a back disability, and a right foot toe disability. The Board found that these conditions did not begin during or as a result of active service.

The Board has granted service connection for degenerative disc disease of the lumbosacral spine and spondylosis and degenerative disc disease of the cervical spine. Service connection is denied for bilateral knee disability and left ankle disability.

The Board found that the veteran's low back and left knee disorders were not incurred or aggravated by service, and thus denied his claims. The pre-existing conditions are considered to have been aggravated by a 1991 motor vehicle accident.

The Board finds that the veteran did not incur an additional disability in his back as a result of spinal anesthesia administered at a VA medical facility.

The veteran's claim for a higher evaluation for his gunshot wound of the low back was granted effective from September 22, 1993. The Board also determined that an earlier effective date of September 22, 1993, is warranted for his total rating based on individual unemployability due to service-connected disabilities.

The veteran is seeking service connection for a low back disorder, but the case has been remanded due to incomplete information regarding an alleged mine explosion during his military service.

The Board found that the veteran's current lumbosacral degenerative disc disease was not incurred in or aggravated by active military service and denied his claim for service connection.

The Board has granted a maximum schedular rating of 40 percent for the veteran's lumbosacral strain, which is currently rated at 20 percent.

The Board has ordered further development in the veteran's case, including a VA examination to determine the nature and etiology of any cervical spine or lumbar spine disability, as well as the severity of the service-connected left femur fracture residuals. The veteran is seeking service connection for these conditions.

The Board has ordered further development due to pending issues and the court's decision invalidating certain regulations. The case is now remanded for additional examination and consideration.

The Board has remanded the claims for increased ratings for the veteran's service-connected low back, right knee injury residuals, and right knee traumatic arthritis due to additional reasons and bases required with regard to pain symptoms and weakness.

The Board has determined that the veteran's osteoarthritis, including of the left ankle and lumbosacral spine, hips, and knees, was incurred in active service. The RO previously denied these claims due to lack of evidence linking them to service.

The veteran's claims for increased ratings for granuloma annulare, asthmatic bronchitis, and mechanical low back pain were denied as the evidence did not meet the criteria for a higher rating.