Back / lumbar spine decisions — 2003

The Board denied the veteran's claim of service connection for a low back disability, finding that any current low back disability is not related to a disease or injury in service.

The Board has determined that the veteran's service-connected residuals of a right distal fibula fracture warrant a disability evaluation in excess of 20 percent. However, there is no evidence of marked knee or ankle disability to support a higher rating under Diagnostic Code 5262.

The veteran's low back disorder with secondary bilateral leg weakness is found to be related to an inservice injury and service connection is granted.

The veteran's claim for a disability rating in excess of 20 percent for lumbosacral strain, including consideration on an extra-schedular basis, was remanded by the Board. The case is now back with the RO to consider whether referral of a possible extra-schedular rating assignment to the VA Compensation and Pension Service is warranted.

The Board has ordered further development in the veteran's case, including an examination to determine the severity of his left knee disability and whether any right knee, left hip, or low back disabilities are related to his service-connected left knee disability. The appeal is currently pending due to ongoing legal issues regarding the process for handling such appeals.

The Board has determined that additional development is needed to ensure compliance with the Veterans Claims Assistance Act of 2000 and other procedural requirements.

The Board has remanded the case to the RO for scheduling a videoconference hearing and returning it for further review.

The Board has found that new and material evidence has been submitted which is sufficient to reopen the claim of entitlement to service connection for a psychiatric disorder, to include as secondary to the service-connected lumbosacral strain. The veteran's claims for increased rating for lumbosacral strain are also addressed.

The Board found that the appellant's current back disorder is not related to his service-connected low back disorder, but rather directly related to a non-service-connected injury in November 1994. Therefore, he was denied a compensable rating for his history of chronic muscular lumbar strain with myofacial pain syndrome.

The veteran's service-connected disabilities do not prevent him from securing or following a substantially gainful occupation.

The Board has denied the veteran's claims of service connection for left knee disability, low back disability, bilateral hand disabilities, and sinusitis due to a lack of medical evidence establishing a nexus between these conditions and his military service.

The veteran's claim for vocational rehabilitation training under Chapter 31 was denied because he is qualified for suitable employment but does not obtain or retain such employment for reasons within his control.

The Board has remanded the case for additional development, including obtaining medical records and scheduling a VA examination to determine if the appellant's current lumbar spine disability and rheumatoid arthritis are related to her active service.

The Board found that a rating in excess of 10 percent for gastritis is not warranted, and the claim for lumbosacral strain was denied as well.

The Board found that the veteran's claimed conditions, including degenerative changes of the thoracolumbar spine and diabetes mellitus, were not incurred or aggravated by active military service.

The Board has granted a 20 percent rating for the veteran's back disorder effective from May 20, 1999.

The Board has determined that the veteran's left knee and lumbosacral spine disorders are not related to his service-connected right knee disability, and thus cannot be granted as secondary service connection.

The veteran's service-connected low back and right ankle disabilities are not rated higher than the current evaluations, and his claims for hand/wrist conditions have been denied.

The Board has determined that the veteran's low back disorder is related to an injury sustained during service, and thus grants service connection for this condition. The claim regarding a chronic respiratory disability (claimed as due to tobacco use in service) will be remanded for further action.

The veteran's appeal has been dismissed due to his death, and the Board has no jurisdiction to adjudicate the merits of these claims.