Back / lumbar spine Board decisions

The Board has granted a 10% evaluation for lumbosacral strain from August 28, 1997 to October 27, 1999 and denied any current compensable rating.

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

The Board of Veterans' Appeals (BVA) has determined that the July 1960 rating decision, which severed service connection for a low back disability, was not clearly and unmistakably erroneous. The BVA found that the correct facts were before the RO at the time of the decision and that the RO correctly applied the statutory and regulatory provisions extant at that time.

The Board denied service connection for lumbosacral strain in January 1986, concluding that the condition preexisted service and was not aggravated by it. The veteran's motion alleging clear and unmistakable error is denied.

The Board has determined that the veteran's postoperative laminectomy of the lumbar spine warrants a 60 percent evaluation, which is higher than the current 40 percent rating. The service-connected disability more closely approximates the criteria for intervertebral disc syndrome with pronounced symptoms.

The veteran's service-connected lumbosacral strain with osteoarthritis was granted a 20 percent evaluation effective from June 4, 1997.

The Board denied the veteran's claims for service connection for a back and bilateral knee disorders as secondary to his service-connected bilateral flat feet, finding no evidence of in-service aggravation or worsening of the flat feet.

The VA denied the veteran's claim for an increased rating for his service-connected degenerative joint disease and disc disease of the lumbosacral spine, as it found that his disability was no more than moderately disabling.

The Board denied the veteran's claims of service connection for a right shoulder disorder, abdominal pain and infection due to an intrauterine device (IUD), and lumbar spine disorder. The denial was based on the lack of evidence linking these conditions to service.

The veteran's arthritis of the hands and right elbow is service-connected, as are his complaints of pain and numbness above the knees. The Board finds that ED (impotence) is secondary to his service-connected conditions.

The Board has granted service connection for a low back disorder based on presumptive service connection due to arthritis within one year of separation from service. The issues regarding the stress fractures of both legs are remanded as they may not be properly before the Board.

The Board has determined that the veteran's current back disorder is not related to service or a service-connected disability.

The Board finds that the veteran's current disability does not warrant a rating higher than the currently assigned 20 percent for limitation of motion of lumbar spine with history of herniated disc syndrome.

The Board has determined that the veteran's service-connected lumbosacral strain continues to be productive of severe low back disability and therefore warrants restoration of a 40 percent rating.

The Board denied service connection for a low back disorder, bilateral knee disorder, and headaches due to the lack of evidence showing these conditions were incurred or aggravated during active service.,VA examinations conducted in May 1996 found no chronic acquired disorders related to the veteran's claimed conditions.

The veteran's claims for increased evaluations of his service-connected low back and cervical spine disorders are being remanded due to the need for additional development, including obtaining medical records and ensuring compliance with notification requirements under the Veterans Claims Assistance Act of 2000.

The Board finds that the veteran's right leg (to include the right hip) and low back disabilities are not proximately due to or the result of a service-connected disability. The effective date for the grant of service connection for a left knee disability is set at July 19, 1994.

The Board found no clear and unmistakable error in the March 1954 rating decision denying service connection for a back disability. The claim was denied as new evidence did not meet the criteria to reopen the previously denied claim.

The Board has determined that the veteran's hypertension, arthritis of the right shoulder, rhinitis, and low back pain are all service-connected. The bilateral pingueculae were not found to be related to service. The urinary tract infection was also not found to be service-connected.

The Board denied service connection for post-traumatic stress disorder, major depression, right hip disability, myositis, degenerative arthritis, and back disability. The left knee condition was granted a 10 percent rating.