Back / lumbar spine decisions — 2003

The Board dismissed the appeal due to the appellant's withdrawal of his appeal prior to a decision being made.

The Board has determined that the veteran's mechanical low back pain with degenerative disc disease of the lumbar spine warrants a 20 percent rating, as it does not meet criteria for higher ratings. The tinea versicolor and residuals of pilonidal and sebaceous cysts are currently rated at noncompensable.

The Board has determined that the veteran's current low back problems are related to his active service, and thus grants service connection for the residuals of a low back injury.

The Board has determined that new and material evidence has been submitted to reopen the veteran's claim of service connection for a back disorder. The claim is granted.

The Board found that the appellant's low back disorder is causally related to injuries sustained during his military service, and granted service connection for this condition.

The Board has determined that there is a causal relationship between the veteran's current low back disorder and injuries sustained during his active service, granting his claim for service connection.

The VA determined that the veteran's low back disorder, which is manifested by stenosis of the lumbosacral spine, mild limitation of motion due to pain, and occasional muscle spasms producing moderate functional impairment, does not warrant a rating in excess of 20 percent.

The Board denied service connection for a lung disability and degenerative disc disease of the lumbar spine, finding that there was no evidence linking these conditions to service or any presumptive exposure. The veteran's smoking history is noted as a significant factor in his current respiratory issues.

The Board has reopened the veteran's claim of service connection for lumbosacral disc disease and assigned a new rating for his service-connected lumbosacral strain. The case is remanded to obtain additional medical records, conduct an examination, and determine if the veteran's current lumbar disc disease is related to service or service-connected conditions.

The Board found that the veteran's low back disability and left ring finger disability were not incurred or aggravated during active service, and thus denied both claims.

The Board denied the veteran's claims for service connection for residuals of a right hip injury and residuals of a back injury, including low back contusions. The evidence did not support the presence or etiology of these conditions during active duty.

The Board has determined that the veteran's service-connected lumbar spine disability, left knee arthritis, and right hip disorder do not warrant increased evaluations beyond the current ratings of 40%, 10%, and 10% respectively.

The veteran's lumbar spine DJD was rated at 10% before November 8, 2000 and increased to 20% after that date. His thoracic spine DJD remains at 10%. The bilateral pes planus condition is rated at 30%.

The Board denied the veteran's claims for an increased rating for lumbosacral strain, service connection for hypertension, and reopening of a claim for service connection for anxiety neurosis. The decision also noted that new and material evidence had been received to reopen the claim for anxiety neurosis.

The Board has reopened the claim of entitlement to service connection for residuals of a low back injury due to new and material evidence submitted since the January 1996 denial. The current record is insufficient to enter a decision on the underlying merits, so additional development is being undertaken.

The Board denied the veteran's claim for an initial rating in excess of 10 percent for right (major) shoulder, status post dislocation. The issues of entitlement to service connection for bronchitis, concussion, and bilateral knee and leg disabilities will be addressed separately.

The Board has determined that the veteran's back, neck, and knee disorders were not incurred in or aggravated by active service. The bipolar disorder is currently rated at 50 percent.

The Board denied the veteran's claim for an increased evaluation of his service-connected lumbar myositis, finding that the evidence did not support a higher rating based on limitation of motion or arthritis. The Board noted that there was no clear evidence linking any limitation of motion to the service-connected condition and found no basis for granting a higher rating under the applicable diagnostic codes.

The Board denied the veteran's claim for an increased evaluation for his service-connected low back strain, finding that it did not warrant a rating in excess of the current 10 percent under any applicable diagnostic codes.

The Board denied the veteran's claim for an earlier effective date of September 10, 1999 for a 60 percent rating for his service-connected low back disability.