Back / lumbar spine decisions — 2003

The veteran's claim for an increased rating for degenerative joint disease of the lumbosacral spine is being remanded due to additional evidence received and procedural issues.

The Board denied the veteran's claims for service connection for various conditions, including a low back disorder and its related secondary disorders. The decision is not clear on whether any of these conditions were found to be due to exposure to burn pits, Agent Orange, Camp Lejeune, radiation, or Gulf War.

The Board has remanded the case for further development and review, including obtaining updated medical records and arranging for VA examinations to assess the current severity of the veteran's service-connected disabilities.

The Board found that the veteran's disabilities do not meet the criteria for a permanent and total disability rating for pension purposes, as his physical disabilities are not permanently disabling.

The Board has granted a 30 percent rating for the service-connected residuals of a right ankle fracture and has found that the veteran's low back disorder is secondary to his service-connected right ankle disability. The effective date remains pending as it was not specified in this decision.

The Board has granted an increased rating of 30 percent for hiatal hernia with peptic ulcer disease, effective from the date of the May 2000 RO decision. The low back disability issue is pending and will be addressed in a separate remand.

The Board has reopened the veteran's claim for service connection for a low back disorder due to new and material evidence received since the August 1968 rating decision. The examiner opined that the veteran's current spinal stenosis at L3-L4, L2-L3, and disc protrusion at L4-L5 were incurred in service.

The Board denied the veteran's claims for service connection for degenerative joint disease of the right knee and lumbar spine, finding that these conditions were not caused or aggravated by his service-connected left knee disorder.

The veteran's appeal involves multiple service-connected and secondary disability claims, including right hip, low back, left ankle disabilities; hypertensive cardiovascular disease; and gastrointestinal disorder. The case is being remanded for additional development to determine the etiology of these conditions.

The Board has determined that the veteran's degenerative disc disease of the cervical spine and thoracic outlet syndrome are related to his service, granting service connection for these conditions.

The veteran's claims for increased evaluations and service connection are being remanded due to the need for compliance with the Veterans Claims Assistance Act of 2000, including notification requirements under 38 U.S.C.A. § 5103(a) and 38 C.F.R. § 3.159.

The Board has determined that the veteran's claimed disabilities, including bilateral hearing loss, chronic bilateral foot disability, back disability, dental disorder, and sinusitis, were not incurred or aggravated during his active duty service. The VA has provided extensive development of the claims but found no evidence to support these assertions.

The Board is remanding the case to consider whether new and material evidence has been submitted to reopen a claim of entitlement to service connection for a back disorder. The veteran's attorney requested that a travel Board hearing be postponed, and the RO must review all received evidence since the last final decision.

The veteran's claim for an increased rating for his service-connected low back disability was denied because he failed to report for a scheduled VA examination.

The Board has determined that the veteran's claim for service connection for a lumbar spine disorder was denied in November 1991 and is now being reconsidered. The evidence received since then does not meet the criteria to reopen the claim.

The case is being remanded for additional development to address the veteran's claim of service connection for low back disability, including consideration of his May 1993 discharge examination and a 1996 German medical report.

The Board granted an increased evaluation of 40 percent for lumbosacral strain, finding that the veteran's condition resulted in additional functional loss due to pain and severe impairment.

The Board has ordered further development due to the need for additional evidence. The case is now being remanded to the RO for specific actions, including obtaining VA medical records and arranging a spine examination.

The Board has granted service connection for lumbosacral strain or other low back disability and assigned a 30 percent rating. The claim of service connection for residuals of head injury was resolved, and the issue of increased psychiatric rating based on organic brain disorder with alcohol dependence is addressed in the remand portion.

The veteran has withdrawn his appeal seeking a higher rating for his service-connected low back strain. As a result, the appeal is dismissed.