Back / lumbar spine decisions — 2003

The Board finds that the veteran sustained a low back injury during service and has current chronic low back disability. The skin disorder is found to be secondary to Agent Orange exposure.

The Board has determined that the RO's decision denying service connection for tinnitus, low back disability secondary to right knee instability with a history of two meniscectomies, and increased rating for right knee instability with a history of two meniscectomies is not supported by the evidence.

The Board has ordered further development due to the need for additional evidence. The case is now being remanded back to the RO for specific actions, including obtaining reserve service medical records and arranging an orthopedic examination.

The Board found no evidence of a chronic back disability in service or within one year after service, and thus denied the claim for service connection.

The case is being returned to the RO for compliance with VCAA requirements and verification of service.

The Board has reopened the veteran's claim of entitlement to service connection for residuals of a low back injury and granted it, finding that new evidence submitted since the last denial supports the claim.

The Board has ordered further development due to pending issues regarding service connection for pelvis and back disabilities. The case is now remanded for additional examination and review.

The Board found no evidence linking the veteran's current low back injury to his service, and denied his claim for service connection.

The Board found that the veteran's low back disorder is secondary to his service-connected residuals of shell fragment wounds to the legs and right foot, granting service connection for this condition.

The veteran's claim for service connection for polysubstance abuse is denied as it falls under a legal prohibition due to the nature of the condition.

The Board has determined that the veteran's preexisting low back disorder was aggravated by service, and granted service connection for a low back disorder.

The Board has granted service connection for the veteran's herniated nucleus pulposus and degenerative disc disease of C2-C3 through C6-C7 discs, but denied an increased rating beyond 20 percent.

The Board denied the veteran's request for an earlier effective date of February 5, 1999 for service connection due to a low back disability on the grounds that there was no clear and unmistakable error in the RO's February 1972 decision denying service connection.

The Board has remanded the case due to the need for additional development, including obtaining medical records and scheduling VA examinations.

The veteran's claims for service connection for various disabilities are being remanded due to the need for additional development, including obtaining medical records and scheduling a VA examination.

The Board has remanded the case for additional development of evidence, including obtaining service medical records and VA treatment records. The claims are also being considered on a new basis due to reopening.

The Board found that VA improperly reduced the evaluation assigned to the veteran's post-traumatic and mechanical low back pain from 10 percent to zero percent.

The Board has granted service connection for cervical strain and a back condition, and has awarded a 10 percent rating for headaches. The veteran's claims are based on direct evidence of his conditions rather than any presumption or secondary relationship to service.

The Board has found that the veteran's current left eye problems are not due to negligence or lack of proper skill by VA in providing medical treatment, and thus denied his claim for compensation under 38 U.S.C.A. § 1151.

The Board has remanded the case for additional development due to a need for an additional VA cardiovascular evaluation and consideration of 38 C.F.R. § 3.312(c).