Back / lumbar spine decisions — 2003

The veteran's appeal is being remanded for additional development of his claims, including seeking records from the United States Army's medical facilities and obtaining information about all treatment he has received.

The VA denied a higher rating for the veteran's thoracolumbar degenerative joint disease, finding that his condition did not meet the criteria for a rating in excess of 10 percent.

The Board has ordered further development due to the need for additional evidence. The case is now being sent back to the RO for examination and review.

The VA denied the veteran's claims for service connection for various conditions, including lower back disability, cervical spine degenerative joint disease, left foot swelling, PTSD, and irritable bowel syndrome and diverticulitis. The Board found that these conditions were not incurred or aggravated by service.

The Board has denied the veteran's claims for higher initial ratings for arthralgia of the lumbar spine and carpometacarpal dysfunction following hand surgery, finding that the evidence does not support a grant of service connection or an increased rating under any applicable criteria.

The Board found that the veteran's current back disability, including degenerative disk disease and a compression fracture of the lumbar spine, is not related to his in-service injury. The claim for service connection was denied.

The Board has granted service connection for degenerative disc disease of the lumbar spine, right hand lacerations, and degenerative disc disease of the cervical spine. The other issues remain unresolved.

The Board denied the veteran's claim for a disability evaluation in excess of 10 percent for service-connected recurrent lumbosacral strain with degenerative changes of the thoracic spine.

The Board finds that the veteran's pre-existing low back disability manifested by lumbosacral strain with degenerative joint disease was aggravated by service. The veteran is not shown to have a hip or right leg disability due to an injury or disease in service, and his memory loss is presumed to be due to an undiagnosed illness incurred during service.

The Board denied service connection for a low back disorder on the merits, finding that there was no new and material evidence to reopen the claim. The case is being remanded due to deficiencies in VCAA notification and the need for additional medical examination.

The veteran's lumbosacral strain is currently rated at 20 percent, which reflects the severity of his condition as indicated by X-ray findings and clinical presentation.

The Board denied the veteran's claims for increased ratings for his lumbosacral strain and TDIU benefits, finding that the evidence did not support a higher rating or entitlement to these benefits. The claim for compensation under 38 U.S.C.A. § 1151 was also denied.

The Board has determined that the veteran's heart disease, chest pain, back disability, stomach disorder, and bowel disorder are not service-connected as secondary to his service-connected PTSD.

The Board has reopened the veteran's claim for service connection for an amputation below the right knee and remanded the secondary service connection claims due to a need for additional medical evidence. The case is now being returned to the RO for further development.

The Board found that the veteran's back disorder was not incurred in or aggravated by active service and arthritis may not be presumed to have been incurred in service. The Board also determined that the pre-existing condition did not worsen during a period of active duty for training.

The Board denied the veteran's claims for service connection for a right knee disorder, left knee disorder, lumbar spine disorder, and PTSD. The claim for hepatitis-C compensation was also denied.

The Board has ordered further development due to the need for additional evidence and clarification. The case is now remanded for additional development at the RO level.

The veteran's claim for an increased evaluation of his lumbar myositis, L3-L4 and L4-L5 with a bulging disc is being remanded due to the need for additional evidence and consideration under revised VA rating criteria.

The Board has determined that the veteran's claimed low back, cervical spine, hand, Achilles tendon, and knee disorders are not service-connected due to lack of evidence supporting a finding of an underlying disability.

The Board has remanded the case for additional development due to new evidence obtained by the Board, and the RO should review this expanded record to determine if service connection can be granted.