Back / lumbar spine decisions — 2004

The Board dismissed the appeal due to a lack of timely substantive appeal for an increased rating for the right knee. The claims for service connection for back and bilateral foot disabilities were not reopened as new and material evidence was not received.

The Board has reopened the claim for service connection for a low back disability and granted an increased rating to 20 percent, finding that the veteran's current low back condition is aggravated by his service-connected postoperative residuals of a left thigh injury.

The Board found that the veteran does not have a chronic acquired low back disorder linked to active service and denied her claim for service connection. The rating for stress fracture of the symphysis pubis was also denied as there is no evidence showing an increase in severity during service.

The Board denied the veteran's claims of service connection for low back and bilateral knee disorders, finding no evidence to support these conditions or their relationship to service.

The veteran's claims for service connection are being remanded due to the need for additional development, including obtaining medical opinions on the etiology of his claimed conditions and exposure history.

The Board denied the veteran's claim for an initial rating in excess of 10 percent for his lumbar strain with degenerative disc disease and also denied his request for an earlier effective date. The veteran's service connection was granted based on direct evidence, not a presumption or secondary condition.

The Board has reopened the veteran's claims for service connection for cervical spine and upper back disabilities, finding that new evidence submitted since the January 1972 rating decision is sufficient to reopen these claims. The RO will now proceed with a determination on whether service connection should be granted.

The Board has determined that new and material evidence has been submitted to reopen the veteran's claim of service connection for a low back disability. The claim is now considered in light of all the evidence, including post-service treatment records.

The Board has reopened the veteran's claim for service connection for a low back disability due to new and material evidence. The Board found that there is no evidence of chronic residual disability from in-service injuries, but did not address whether the current condition is related to service.

The veteran's service-connected disabilities, including a fused right hip, arthritis of the lumbar spine, and arthritis of the left hip, are sufficient to prevent him from performing any type of substantially gainful labor consistent with his education and experience. The Board has granted TDIU based on these conditions.

The Board found no current diagnosis of a low back disability or residuals of frostbite of the feet, and thus denied service connection for both conditions.

The Board has granted service connection for tinnitus and dermatophytosis of the feet, but denied service connection for a back disability due to lack of evidence linking it to service.

The Board denied the veteran's claims for service connection for a neck disorder and an upper back disorder, finding no evidence of current disabilities related to his military service.

For the period from February 3, 2000 until February 11, 2002, the veteran's right knee disorder was productive of extension limited to 15 degrees with pain. For the period beginning on February 12, 2002, the right knee disorder has been productive of extension limited to 30 degrees.,The veteran's lumbar spine disorder is productive of flexion to 70 degrees and extension to 20 degrees.

The Board denied service connection for a low back disorder due to the lack of evidence of a current disability.

The Board has granted the veteran's claim to reopen for service connection for a back disorder, finding that his chronic back pain is due to an injury sustained during active duty and linked to degenerative disc disease and osteoarthritis.

The Board has determined that a 10% evaluation is warranted for the veteran's service-connected low back condition with degenerative disc disease at the L5-S1 level, effective from February 19, 1993. The claimant was granted an increased evaluation to 20%, but the effective date remains March 31, 2000.

The Board found that the veteran's current low back difficulties are not attributable to a land mine explosion in service and denied his claim for service connection.

The veteran's claim for service connection of a low back disability is being remanded due to the need for additional development and examination.

The Board has reopened the veteran's previously denied claim of service connection for a low back disability and determined that new evidence supports reopening the claim. The case is now reviewed de novo.