Back / lumbar spine decisions — 2003

The veteran's claims for service connection for low back disorder, multiple joint tendonitis, residuals of rib injury with internal chest pain, and residuals of right great toenail injury were denied. The Board finds that the evidence does not support a finding of in-service disease or injury related to these conditions.

The Board denied the veteran's claim for service connection for a back disability, finding that there was no evidence of an inservice injury or disease and that current complaints of back pain are not related to service.

The Board has determined that the veteran's low back strain warrants a 20 percent disability evaluation, which is in excess of the current 10 percent rating. The evidence does not support a higher rating based on severe symptoms or specific findings required for a higher evaluation.

The Board denied the veteran's claim for a TDIU prior to August 12, 1993 due to lack of evidence showing he was unemployable at that time.

The Board has remanded the case to the RO for compliance with a July 1998 Board remand order. The appellant's claim of entitlement to service connection for a back disorder, claimed as osteoarthrosis, is being reviewed due to new and material evidence.

The Board denied the veteran's claims for service connection for residuals of a shell fragment wound of the right hip, PTSD, rotoscoliosis with lumbosacral strain, degenerative disc disease and spondylosis of the lumbar spine, and hypertension. The appeals were based on direct evidence rather than any presumption or secondary service connection.

The Board denied service connection for lumbosacral strain with degenerative disc disease, bilateral hearing loss, and tinnitus. The evidence did not support a finding that these conditions were incurred or aggravated by military service.

The Board has determined that the appellant's degenerative disc disease of the cervical and lumbar spine, as well as thoraco-lumbar dextrascoliosis, are residuals of a motor vehicle accident during service. The appeal is granted.

The veteran's service-connected chronic lumbosacral strain is rated at 40 percent, the maximum allowed under VA rating criteria. The Board found that his symptoms more closely approximated severe lumbosacral strain with significant functional loss due to painful limited motion of the spine.

The veteran's service-connected disabilities do not meet the criteria for specially adapted housing due to lack of anatomical loss or use of one or both lower extremities.

The veteran's claim for service connection for a back disorder was denied, and the case has been dismissed due to the veteran's death.

The veteran's lumbosacral disc disease has been rated at 40 percent since February 17, 2001. The RO also increased the evaluation for his left ankle sprain to 40 percent effective from that date.

The Board denied service connection for residuals of a low back injury and claimed pancreatitis, as well as the assignment of an initial compensable evaluation for cholecystectomy with incidental appendectomy.

The Board found that the initial 40 percent rating for low back strain was appropriate, considering the veteran's symptoms and medical evidence.

The veteran's claims for higher evaluations for his right wrist disability, cervical spine degenerative disc disease, and lumbosacral strain have been granted. He is now rated at 20 percent for each of these conditions.

The veteran's appeal for an increased rating for his lumbar spine fusion disability was dismissed due to the death of the veteran during the pendency of the appeal.

The Board has reopened the claim of service connection for degenerative joint disease of the lumbar spine due to new and material evidence submitted since the last denial in May 1992.

The Board has determined that the veteran does not have a current chronic back disorder or an acquired psychiatric disorder, claimed as depression, attributable to service. The claims for service connection are therefore denied.

The Board found that the veteran's preexisting low back disability, diagnosed as scoliosis, existed prior to his entry into service and was not aggravated by military service. Therefore, the claim for service connection is denied.

The veteran's appeal has been dismissed due to his death.