Back / lumbar spine decisions — 2003

The veteran's appeal is being remanded for additional development to ensure compliance with the notice and duty to assist provisions contained in the Veterans Claims Assistance Act of 2000, as well as application of the revised rating criteria.

The Board found that the veteran's right hip, right knee, and low back disorders are not related to his service-connected right foot disability. Therefore, secondary service connection for these conditions is denied.

The Board found new and material evidence to reopen the claim for a lumbosacral strain, but did not find it sufficient to establish service connection.

The veteran's claims for increased evaluations for his right hip, low back, and right knee conditions were granted. The current evaluations of 20 percent, 10 percent, and 10 percent for these conditions are maintained.

The Board found that the veteran's back disorder was not incurred in or aggravated during service and denied his claim for service connection.

The Board has determined that the veteran's claimed low back disorder, bilateral leg disability (likely referring to knee problems), and skin disorder were not incurred or aggravated by service. The VA does not find a link between these conditions and his active duty service.

The Board has determined that the veteran's degenerative disc disease of L4-L5 warrants a 20 percent evaluation, which is the maximum schedular rating available under Diagnostic Code 5293. The appeal for an increased evaluation is denied.

The Board has determined that new and material evidence has been received to reopen the claims for service connection for hypertension and an acquired back disability, but it is not clear whether either condition was present during service or within one year of separation. The veteran's current diagnoses are essential hypertension and degenerative disc disease of the lumbosacral spine.

The Board found that the veteran's service-connected disabilities did not cause or contribute substantially to his death. The medical complications surrounding his death were reasonably foreseeable at the time of his death.

The Board has granted an increased evaluation to 20 percent for the appellant's service-connected back strain, low back pain with degenerative arthritis.

The Board has determined that the appellant's claims for service connection for a back disorder, hearing loss disability, and mental disorder are not well-grounded as there is no evidence of injury or disease incurred during active duty training (ACDUTRA) or inactive duty training (INACDTRA).

The VA has determined that the veteran's low back disability, rated at 20 percent for fatigue syndrome of the lumbar spine, does not warrant a higher rating as there is no evidence of severe limitation of motion or other disabling symptoms.

The Board found that the veteran's back disability was not incurred in or aggravated by active service.

The Board found that the veteran's right toes and back disabilities are not related to her active service, and thus denied both claims.

The veteran's claim for an earlier effective date for the grant of service connection for residuals of a back injury was denied.,The veteran's claim for an earlier effective date for the award of total disability rating based on individual unemployability due to service-connected disabilities was also denied.

The veteran's service-connected disabilities do not meet the criteria for eligibility for automobile and adaptive equipment or adaptive equipment only.

The Board found that DDD of the lumbar/thoracic spine was not related to service or a service-connected disorder of the feet.

The Board denied service connection for the veteran's psychiatric disability and did not grant an initial rating higher than 20 percent for his back disability. The appeal is based on disagreement with the original ratings awarded.

The veteran's appeal is being remanded due to the need for a personal hearing before a Veterans Law Judge. The case will be returned to the Board after the hearing.

The Board has granted a 20 percent rating for the veteran's low back disability, which was previously rated at 10 percent. The disability is characterized by chronic low back pain and moderate limitation of motion.