Back / lumbar spine decisions — 2003

The Board finds that the veteran's current diagnoses of osteoarthritis and DDD of the lumbosacral spine are related to his active service, as evidenced by multiple in-service incidents involving back pain and injuries. The VA examiner concluded that these conditions were incurred during service.

The Board has determined that the veteran's current back and right knee disabilities are not proximately due to or aggravated by his service-connected left knee disability.

The veteran's claim for a higher rating for his low back disability remains on appeal after the Board denied it in August 2001. The case is being remanded to obtain VA treatment records and conduct additional VA examinations.

The Board denied service connection for a psychiatric disorder and found that new and material evidence had been submitted to reopen claims for service connection for a headache disorder and for a low back disorder. The issue of an increased rating for a right eye disability was remanded.

The Board of Veterans' Appeals (Board) determined that the veteran's current back disorder, an acute compression fracture of the first lumbar vertebra, was not incurred in or aggravated by active service and denied his claim for service connection.

The Board found that the veteran did not have a chronic right knee disability and no left knee disorder was shown to be related to service. The low back disorder was also not linked to service.

The veteran is seeking an earlier effective date for a 20% rating for her service-connected degenerative joint disease of the lumbosacral spine. The Board has determined that no such claim was pending prior to June 24, 1998.

The Board has determined that new and material evidence had been received to reopen the claim for service connection for a back disorder, and it granted the veteran's claim.

The Board finds that the veteran's current low back disability, including arthritis and chronic low back strain, is not related to his service. The claim for service connection is denied.

The Board has determined that new and material evidence has been submitted to reopen the claims of entitlement to service connection for back, shoulder, and leg/knee disabilities. With resolution of reasonable doubt, it is at least as likely as not that appellant's bilateral defective hearing was incurred during service.

The Board denied service connection for a low back disability and left hip disability secondary to service connected left knee and left ankle disabilities.,There is no evidence that the veteran's low back or left hip conditions are related to his service-connected left knee and left ankle disabilities.

The Board has decided to remand the case for additional development and consideration of all claims, including those related to a low back disorder, teeth problems, and an increased rating for bilateral knee disorders.

The Board has remanded the case for further development due to missing evidence and a need to consider recent MRI studies.

The Board finds that the veteran's low back disability is as likely as not caused or aggravated by his service-connected right thigh and right ankle shell fragment wounds.

The Board has granted an increased rating of 20 percent for the appellant's degenerative joint disease of the lumbar spine with diminished disk space, effective from July 1, 1996. The initial disability ratings for duodenal ulcer disease, left knee chondromalacia patella, and right knee chondromalacia patella remain at 10 percent each.

The Board denied the appellant's claims for service connection for a bilateral knee disorder and an upper leg disorder, both claimed as secondary to his service-connected lumbar spine disability. The claim for increased evaluation of hemorrhoids was also denied.

The Board has determined that the veteran's claims for increased evaluations of his service-connected hypertension, cystic lesion of the left femur, and residuals of a lower back injury with chronic lumbar pain have not been established. The evidence does not meet the criteria for higher ratings under applicable VA rating criteria.

The veteran's claim for an increased evaluation for his chronic low back pain with degenerative changes is being remanded due to the need for additional development, including a VA neurological examination.

The Board dismissed the appeal because the veteran did not file a timely notice of disagreement to the November 1997 rating decision denying service connection for a back condition.

The veteran's claim for an initial rating in excess of 20 percent for degenerative disc disease of the cervical spine is being remanded due to procedural deficiencies and the need for additional development, including a VA examination.