Back / lumbar spine decisions — 2003

The veteran's claim for an increased rating for his low back disability is being remanded due to the need for additional development and notification.

The Board has granted a 70 percent evaluation for dysthymia effective November 7, 1996. The veteran's low back disability is rated at the maximum available benefit of 40 percent. No compensable rating was assigned for fibromyositis.

The Board has reopened the claim of entitlement to service connection for a back disorder due to new and material evidence submitted by the veteran. The case is now remanded for further adjudication on the merits.

The Board denied the veteran's claims for service connection for multiple joint disorders, skin cancer, insomnia, fatigue, and memory loss. The reasons were not provided in the given text.

The Board has determined that the case must be remanded to obtain additional records and for further medical examinations. The veteran's claims of entitlement to earlier effective dates, increased evaluations, and service connection are also being addressed.

The Board has determined that the veteran's low back disorder was aggravated by service, and therefore grants service connection for this condition.

The Board has determined that the veteran's low back disability is not service-connected and denied his claim for compensation under 38 U.S.C. § 1151.

The Board has ordered further development due to pending evidence and procedural issues. The case is now remanded for additional medical examinations and records.

The veteran's service-connected low back disability is currently rated at 40 percent, and his peptic disease at 10 percent. The Board finds that neither condition warrants a higher rating.

The Board found that the veteran's current neuropsychiatric disorder, diagnosed as major depression, schizoaffective disorder, and bipolar disorder, has been aggravated by his service-connected low back disability. Therefore, he is entitled to service connection for this condition only to the extent of such aggravation.

The Board denied the veteran's claims for service connection for hypertension and low back disorder, finding no medical evidence linking these conditions to his military service.

The Board found that the veteran's current low back disability, diagnosed as degenerative joint disease and degenerative disc disease, is less likely related to service. The evidence did not show a chronic back disability in service or for many years thereafter.

The Board has denied the veteran's claims for service connection for a back disorder, stomach disorder, hypertension, and residuals of a spinal tap due to lack of competent evidence linking these conditions to his period of active service.

The Board denied the veteran's claim for dependency and indemnity compensation under 38 U.S.C.A. § 1151, finding that there was no failure of VA medical personnel to order appropriate diagnostic tests or properly treat his renal cancer. The death certificate indicated that the immediate cause of the veteran's death was from renal cancer with metastases.

The Board denied the veteran's claims of service connection for left ankle and low back disabilities, finding no competent evidence to support these claims.

The Board has denied the veteran's claims for service connection for right eye disability, left eye disability, and degenerative changes of the lumbar spine as there is no evidence to support a causal relationship between these conditions and his military service.

The veteran has withdrawn his appeal for service connection for low back disorder, right ankle disorder, and numbness of the right leg.

The veteran's service-connected low back disorder does not meet the criteria for special monthly compensation based on the need for regular aid and attendance or being housebound.

The Board has determined that the veteran's lumbar myositis and strain with radiculopathy at L5-S1 warrants a disability rating in excess of 20 percent, but additional development is needed to determine if the criteria for such an increase have been met.

The veteran's claim for service connection is being remanded due to missing active duty medical records and the need for additional examinations. The RO will attempt to locate these records, including from the Alabama Army National Guard and NPRC.