Back / lumbar spine decisions — 2003

The veteran's service connection claim for sore muscles is granted, as the condition originated in service. The claim for GERD on a direct basis was deferred due to pending development.

The Board of Veterans' Appeals has determined that the veteran's intervertebral disc disease and arthritis of the lumbosacral spine are causally related to active service, granting his claim for service connection.

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

The Board denied the veteran's claims of entitlement to service connection for a left hip disability and a low back disability, finding that these conditions are not related to his period of active service or any service-connected disabilities.

The Board has determined that new and material evidence was not received to reopen the veteran's claim of service connection for a low back disorder. The right knee issue remains pending.

The Board has ordered further development in the veteran's case, including obtaining medical records and arranging for a VA examination. The appeal is currently remanded to allow for additional evidence collection and evaluation.

The Board has ordered further development in the veteran's case, including an examination to determine the nature and etiology of any currently present low back disability and residuals of a shell fragment wound of the forehead. The appeal is being remanded for additional development.

The Board has reopened the veteran's claim of entitlement to service connection for a lumbar spine disorder and granted it, finding that new and material evidence had been received.

The Board found that the veteran's service-connected disabilities rendered him unemployable as of October 26, 1998, and granted a total disability rating based on individual unemployability effective from that date.

The veteran's claims for increased evaluation and TDIU are being remanded due to the need for current medical findings consistent with the revised rating criteria.

The veteran's claims for increased ratings are being remanded to the RO for further development and consideration of his service-connected conditions.

The Board has determined that the veteran's service connection claim for a back disability, claimed as chronic low back pain, is granted. The claim was based on direct evidence showing a current disability and its relationship to service.

The Board has denied the claim of service connection for obsessive-compulsive personality disorder, finding that it is not a disease or injury within the meaning of applicable legislation. The remaining claims will be addressed in the Remand section.

The veteran's claims for increased ratings on his service-connected conditions are being remanded to allow for additional development of the medical evidence.

The Board has reopened the veteran's claims of service connection for low back and left knee disorders due to new evidence submitted since the May 1990 denial. The claim is now pending for further review.

The Board found no evidence of a chronic low back disorder during service and denied the veteran's claim for service connection.

The Board denied the veteran's claim for an initial evaluation in excess of 10 percent for lumbosacral strain, finding that his symptoms did not warrant a higher rating based on limitation of motion or other criteria.

The Board found that the veteran's right knee disability was not caused or worsened by his service-connected left knee disorder. The low back disability did not originate in service and is not related to his service-connected left knee disorder.

The Board has determined that the veteran's claim of entitlement to a total disability rating based on individual unemployability (TDIU) is remanded for additional development, including obtaining VA and private treatment records, conducting medical examinations, and issuing a supplemental statement of the case. The issue of a disability rating in excess of 10 percent for lumbosacral strain will also be addressed.

The Board has reopened the claim for service connection for a low back disorder and granted it. The right knee disorder claim remains denied on direct basis.