Back / lumbar spine decisions — 2001

The Board has denied the veteran's claims for service connection for gallstones, hair loss, bowel problems, sore gums, frequent gynecological infections, and respiratory disorder. The evidence does not support a finding of current disabilities or their relationship to service.

The Board denied the veteran's claims for service connection for a chronic acquired low back disorder and an increased evaluation for his service-connected gout. The evidence did not support a finding that the veteran had a current disability related to his military service.

The Board is remanding the case due to incomplete medical records and a need for further development under the Veterans Claims Assistance Act of 2000. The veteran's claim for service connection remains inapplicable as it pertains to reopening an existing claim, not establishing new service connection.

The veteran's nonservice-connected disabilities, including a psychiatric disorder, low back disorder, neck disorder, gastrointestinal disorder, and right shoulder disorder, do not meet the criteria for a permanent and total disability rating for pension purposes.

The Board granted increased ratings for the appellant's service-connected low back condition and left hip trochanter bursitis, with the low back condition receiving a 20% rating effective November 3, 1994.

The veteran's appeal is being remanded for additional development due to changes in the law and missing medical records.

The Board has reopened the veteran's claims for service connection for a back disorder, hypertension, and hearing loss due to new and material evidence. The case is now remanded to obtain medical opinions regarding the onset of these conditions during active service.

The Board has determined that the veteran's current low back disorder, including postoperative lumbar intervertebral disc syndrome, developed during service and is therefore granted service connection. The claim for PTSD will be addressed in a separate decision.

The Board found that the veteran's service-connected cervical strain with headaches is currently evaluated at 20 percent, which is the maximum schedular evaluation under Diagnostic Code 5293. The claim for increased rating of low back pain was remanded due to the need for an etiological opinion regarding the relationship between his service-connected low back pain and nonservice-connected DDD.

The Board found that the veteran's residuals of low back strain do not meet or approximate the criteria for a rating in excess of 10 percent.

The Board found that new and material evidence had not been submitted to reopen the claim for service connection for a low back disorder, as the additional medical records were considered cumulative of previous evidence.

The Board has granted a 30 percent evaluation for the veteran's arthritis of the cervical spine effective February 29, 2000.

The Board has granted a 40 percent evaluation for the veteran's lumbosacral strain with degenerative changes at L5, finding that his symptoms meet the criteria for this higher rating.

The Board has determined that the veteran's service-connected lumbosacral strain does not warrant an evaluation in excess of 20 percent, as there is no objective evidence of current disability.

The veteran's service-connected bilateral diskectomy and laminectomy, L4-L5 vertebrae, with history of chronic low back pain is not manifested by ankylosis but is productive of pronounced intervertebral disc syndrome. The criteria for a higher evaluation are not met.

The Board has denied the veteran's claims of service connection for a back disorder, muscular dystrophy, and heart disease due to lack of new and material evidence for the back disorder claim. The other two claims were not addressed as they are considered part of the same appeal.

The veteran's claim is being remanded for additional development of the evidentiary record, including obtaining medical records and scheduling a VA examination to assess his service-connected lumbosacral strain.

The Board has determined that new and material evidence sufficient to reopen the veteran's claim of entitlement to service connection for a back disability has been received, and thus the requirements to reopen the claim have been met.

The Board has remanded the case due to a significant change in the law and incomplete development of evidence. The veteran's claim for an increased rating for his service-connected arthritis, including glaucoma secondary to diabetes mellitus, is pending.

The veteran has withdrawn all his appeals, including those related to service connection for hip and back disorders secondary to bilateral knee disabilities, as well as requests for increased ratings for PTSD, headaches, hearing loss, and a postoperative nasal disability. The appeal is dismissed without prejudice.