Back / lumbar spine decisions — 2003

The Board has determined that the veteran does not have a low back disorder, bilateral hip disorders, or bilateral leg disorders related to his service-connected residuals of a fracture of the right tibia and hammertoes. The VA examination did not find any secondary skeletal pathology.

The Board has remanded the case for additional development and to cure a procedural defect. The veteran's appeal is now pending with the RO.

The Board denied the veteran's claims for service connection of a back disability and PTSD, finding no new and material evidence to reopen his previous denial. The decision also noted that minimal development had been conducted regarding the stressors claimed by the veteran for PTSD.

The Board denied the veteran's claims of service connection for scoliosis and degenerative arthritis of the lumbar spine, as well as bipolar affective disorder. The decision found that scoliosis pre-existed service and was not aggravated by service. Degenerative changes in the lumbar spine were first noted post-service, and there is no evidence linking them to service. Bipolar affective disorder was diagnosed after service but without a clear link to service.

The Board has determined that the veteran is seeking service connection for a different disability than previously considered (scoliosis with low back pain). The claim of entitlement to service connection for scoliosis with low back pain was reopened, but evidence did not support this claim. Service connection remains on appeal for chronic low back strain.

The veteran's claim for special monthly compensation based on the need for regular aid and attendance of another person or housebound status is being remanded due to the need for further examination and development.

The Board denied the veteran's claims for service connection for degenerative disc disease, C5-6, with right radiculopathy and an increased evaluation for hallux rigidus of the left great toe. The issue of entitlement to service connection for hallux rigidus of the right great toe was not addressed as it is not related to his period of honorable service.

The Board found no evidence linking the veteran's current cervical spine disability to his service, and denied his claim for service connection.

The Board has determined that new and material evidence was received to reopen the veteran's claims for service connection for low back and bilateral knee disabilities. However, the preponderance of the evidence is against these claims as there is no competent medical evidence relating current disabilities to service.

The veteran's claim for service connection for degenerative disc disease of the lumbar spine is being remanded due to incomplete development and need for additional medical opinions.

The veteran is seeking service connection for a back disability, but the appeal needs further development due to incomplete notification of the provisions of the VCAA and potential need for additional medical evidence.

The Board has remanded the case for further development, including obtaining medical opinions and records to determine if the veteran's right knee and low back disabilities are related to his service-connected left leg disability.

The Board has dismissed the veteran's appeal on his claim for service connection for gastroesophageal reflux disease, including due to an undiagnosed illness. The initial compensable rating claim for a scar residual of a left lateral compartment fasciotomy is denied as the condition does not meet the criteria for a 10% rating under any applicable diagnostic codes.

The Board denied the veteran's claims for reopening his service connection claims for residuals of meningococcal meningitis and a back disorder due to lack of new and material evidence.

The veteran's lung cancer is presumed to be due to herbicide exposure during service. The low back and cardiac conditions are not related to service, while PTSD warrants a 70% evaluation effective August 5, 2002.

The Board previously denied the veteran's claim for service connection for a back disability, to include degenerative disc disease of the lumbar spine. The Court has now remanded the case due to deficiencies in the discussion of VA's duty to notify and assist the veteran.

The Board has remanded the claims for service connection for PTSD and an increased rating for low back strain, as well as the issue of reopening a claim for an acquired psychiatric disorder. The RO is instructed to obtain all outstanding medical records, provide VCAA notice, arrange for VA examinations, and readjudicate the claims in light of the revised criteria for evaluating spine disabilities.

The veteran's service-connected low back disability does not meet the criteria for vocational rehabilitation training as his employment is suitable to his service-connected disability and he has no significant impairment in employability.

The Board denied service connection for a low back disorder and a headache disorder, finding no evidence linking these conditions to the appellant's military service.

The VA denied service connection for the cause of the veteran's death, concluding that his cardiovascular disorder was not related to his military service and did not contribute substantially or materially to his death.