Back / lumbar spine decisions — 2003

The Board has remanded the case for additional development due to new evidence and procedural issues.

The Board has determined that additional development is needed to fully and fairly adjudicate the claim for service connection for a post-operative back disability, including obtaining medical records and arranging for an examination.

The Board has remanded the case due to procedural defects, including inadequate VCAA notice and failure to obtain service records. The veteran is given a year to respond with any additional evidence.

The Board has ordered further development in the veteran's case, including obtaining medical records and arranging for a VA examination. The issues on appeal are service connection for gastrointestinal disorders (including ulcers), hiatal hernia, and reopening of a claim for low back/tailbone/coccyx disorder.

The Board denied an increased evaluation for arthritis of the right wrist and determined that no new and material evidence had been received to reopen claims for service connection for arthritis of the right foot, a low back disability, and a cervical spine disorder.

The Board has ordered further development due to pending requests for evidence and clarification. The case is now being remanded for additional examinations and consideration of the claims.

The veteran's appeal involves the propriety of initial ratings for PTSD and low back strain, with degenerative changes. The RO must ensure compliance with VCAA requirements by providing proper notice and obtaining necessary medical records before proceeding with the adjudication.

The Board has determined that the veteran's current degenerative disc disease of the lumbar spine is related to his service and grants service connection for this condition. The psychiatric disorder claim remains pending as there are insufficient medical opinions regarding its relationship to service.

The Board has remanded the case for further development, including verifying the veteran's period of active duty for training and obtaining medical records. The veteran is seeking service connection for a back disorder that he claims was caused by an injury during his military service.

The Board has determined that additional development is needed to substantiate the veteran's claim for service connection of a lower back disorder, including obtaining relevant medical records and scheduling an examination.

The veteran's low back pain syndrome is rated at the maximum available under both old and new criteria for intervertebral disc syndrome, resulting in a 60 percent rating. The claim of service connection for bilateral high frequency hearing loss remains pending. The TDIU claim is granted.

The Board has denied the veteran's claims for service connection for a low back disability, skin cancer, and stomach disability due to lack of evidence linking these conditions to his military service.

The veteran's appeal is remanded for additional development, including a VA examination and consideration of the revised criteria for evaluating intervertebral disc syndrome.

The veteran's claims for increased ratings and reopening of service connection claims are being remanded due to procedural issues.

The veteran's claim for an increased evaluation of his chronic low back strain is being remanded due to the need for further development under the newly enacted provisions of Diagnostic Codes 5235-5243.

The Board has denied the veteran's claims for service connection for low back disability, hearing loss, and PTSD due to a lack of competent medical evidence linking these conditions to his military service.

The Board has granted an increased disability rating of 20 percent for the veteran's service-connected degenerative changes of the lumbar spine, effective from May 2002.

The Board has determined that the appellant does not have a low back disability or a right thumb disability, with graft site scar. The claim for service connection for PTSD and residuals of a head injury will be addressed in the REMAND portion of this decision.

The veteran's appeal is being remanded for additional development due to the need to comply with VCAA requirements.

The Board has determined that the veteran's current back disability is at least as likely as not caused or aggravated by his service-connected lymphadenitis, and thus grants service connection for degenerative disc disease and arthritis of the back.