Back / lumbar spine decisions — 2003

The Board denied service connection for various conditions, including eye disorder, chest pain, headaches, sleep disorder, sore legs, joint pain (bilateral knee), and right ankle sprain with traumatic arthritis. The veteran's low back disability was rated at 10 percent, and his hearing loss and exercise-induced asthma were also rated at 0 percent.

The Board has determined that the veteran's chronic acquired low back disorder is linked to his active service and grants service connection for this condition.

The Board has granted service connection for spondylolysis of the 5th lumbar vertebra and peripheral neuropathy as due to Agent Orange exposure. The claim for a lumbar spine disorder other than spondylolysis of the 5th lumbar vertebra is pending, with new evidence submitted to reopen it.

The Board has determined that new and material evidence has been submitted to reopen the claim of service connection for a low back disability. The veteran's low back disorder is now subject to de novo review.

The Board has remanded the case due to a need for clarification regarding whether the veteran intends to withdraw his claims of service connection for a back disorder and a bilateral ankle disorder. The RO must ensure all notification and development actions required by sections 3 and 4 of the Veterans Claims Assistance Act are fully complied with as to the issues on appeal.

The Board has remanded the case for a Travel Board hearing before a Member of the Board at the Central Office in Washington, DC. The veteran's claim will be processed according to established procedures.

The Board has determined that additional development is needed to ensure compliance with the Veterans Claims Assistance Act of 2000. The case will be returned to the RO for this purpose.

The veteran's service-connected low back disability is currently rated at 20 percent, and the Board finds that an evaluation in excess of this rating is not warranted.

The Board denied the veteran's claims for service connection of a low back disorder as secondary to his service-connected bilateral pes planus and an increased rating for his service-connected bilateral pes planus, finding that there was no evidence supporting these claims.

The Board granted service connection for chronic low back and left hip pain due to bilateral leg length discrepancy, assigning a 10 percent rating. The initial rating for degenerative joint disease of the cervical spine was also granted at 10 percent.

The Board has determined that new and material evidence has been submitted to reopen the claims for service connection for a low back disorder and residuals of excision of a pilonidal cyst. The claims are now ready for further development on their merits.

The VA has determined that the veteran's cervical spine disorder, characterized as degenerative disc disease of the cervical spine, warrants an initial evaluation of 40 percent.

The veteran's service-connected low back disability is rated at 60 percent, the maximum under current criteria. The Board finds that a higher rating is not warranted as the evidence does not support more than severe limitation of motion and mild neurologic impairment.

The Board has determined that the veteran's low back strain with degenerative changes warrants a 40 percent disability rating, which is the maximum evaluation available under VA's schedular criteria. The claim for service connection of an abdominal disorder was denied.

The Board has determined that the appellant's degenerative disc disease of the lumbosacral spine was incurred during service and granted service connection for this condition.

The veteran's service connection claim for degenerative disc disease of the lumbar spine is granted. The Board found that this condition began during active military service.

The veteran's appeal is being remanded due to the need for additional development and compliance with the VCAA.

The Board found no evidence of a back disorder during service and denied the veteran's claim for service connection.

The Board has determined that the veteran's current asthma and low back disorder are likely due to conditions incurred or aggravated during his military service.

The Board denied service connection for degenerative disc disease of the lumbar spine, granted an increased evaluation for residuals of a gunshot wound to the left buttock (to 20%), and denied an increased evaluation for shell fragment wounds to both arms.