Back / lumbar spine decisions — 2003

The Board has determined that new and material evidence has been submitted to reopen the claims for service connection of low back disorder and sinusitis, but not for hemorrhoids. The veteran's claim for a compensable rating for hemorrhoids remains denied as there is no evidence showing symptoms warranting such a rating. For the low back disorder, the Board finds that new and material evidence has been submitted to reopen the claim, while for sinusitis it has not.

The Board has determined that the veteran does not currently suffer from bilateral hearing loss disability for VA compensation purposes and therefore, service connection for this condition is denied.

The Board has granted service connection for low back degenerative changes and cervical spine degenerative changes, but the rating assigned is not specified. The issues of increased ratings for cardiovascular disorder, tinnitus, left ear hearing loss, traumatic 6th cranial nerve partial palsy with correctable diplopia, TDIU, and a permanent and total disability rating for pension benefits are still pending.

The Board has remanded the case due to the need for further development, including an examination and readjudication of the issues.

The veteran's claim for service connection for a neurological condition (manifested by low back pain and numbness), secondary to the service-connected disability of left side muscle group XVII shrapnel wound damage, is being remanded due to procedural issues.

The Board has remanded the case for compliance with VCAA notice and duty to assist provisions, consideration of additional functional impairment due to pain, including on use, during flare-ups, and readjudication in accordance with the revised criteria for rating disabilities of the spine effective September 26, 2003.

The VA denied the veteran's claims for an initial compensable rating for bilateral hearing loss and service connection for spondylosis of the cervical, thoracic, and lumbar spine.

The veteran's appeal is being remanded due to the need for additional medical records and a determination based on the law as it was in effect at that time.

The Board has determined that the veteran's arthritis of the lumbosacral spine is related to his service-connected right foot disability, and thus grants service connection for this condition. The issue of entitlement to service connection for a right hip disability remains pending.

The Board determined that the veteran's lumbar spine disorder, diagnosed as spondylolisthesis, was not related to service and declined to grant service connection.

The Board has remanded the veteran's claims for additional development due to insufficient information on his mental impairment and need for regular A&A.

The veteran's claims for service connection are being remanded due to incomplete records and the need for additional development.

The veteran's lumbosacral spine disability was primarily manifested by pain on use and no more than moderate limitation of motion, without any incapacitating episodes. The claim for an evaluation in excess of 20 percent is denied.

The veteran's appeal is being remanded for additional development of his claims, including obtaining medical records and conducting examinations. The issues include compensation benefits under the 1151 statute, service connection for melioidosis and antibiotic reaction, and a rating increase for left lower extremity disability.

The Board is requesting additional medical evidence to determine if the veteran's low back disorder was aggravated by his reserve component service.

The Board has granted a TDIU rating, finding that the veteran's service-connected disabilities render him unemployable. The issue of an increased rating for lumbar stenosis with bulging disc is remanded due to additional evidence received since the June 2002 Statement of the Case.

The Board has granted service connection for a low back disability but denied service connection for a heart condition. The effective date of the low back disability is set at October 8, 2000. The veteran's claim for an earlier effective date for the low back disability remains pending.

The Board has remanded the case due to missing service medical records and the need for additional examinations.

The Board has reopened the veteran's claim for service connection for a low back disability characterized as L5-S1 disc herniation and lumbosacral myositis, finding that new evidence received since the September 1999 denial relates to an unestablished fact necessary to substantiate the claim.

The Board has decided in favor of the appellant, granting service connection for a low back disorder. The decision is based on direct evidence and does not involve any presumption or new evidence.