Back / lumbar spine decisions — 2003

The Board found that the veteran's current low back disability did not originate during active service or within one year thereof, and is not otherwise related to service.

The Board has determined that new and material evidence has not been submitted to reopen the veteran's claims for service connection of various conditions. The case is being remanded for further development.

The veteran's claims for increased initial ratings for his service-connected lumbar spine disability and TDIU were denied by the RO. The case is being remanded to ensure all necessary development has been completed.

The veteran's back disorder and atresia of the left pulmonary artery were granted service connection, with a rating of 10 percent for the atresia. The decision is based on evidence showing that these conditions are related to service.

The Board denied service connection for low back and jaw, neck, chest disorders. The claim for increased evaluation of the service-connected pilonidal cyst was granted with a 10% rating. Service connection for left eye corneal scars residuals of shell fragment wound was not established.

The Board has remanded the case for additional development, including obtaining medical records and scheduling a VA examination. The veteran's claim for service connection for a low back disability is also being addressed.

The veteran's low back disability, manifested by minimal circumferential disc bulge at L4-L5 and broad-based posterior bulging disc at L5-S1, was incurred during active service. The Board granted service connection for this condition.

The Board has determined that the appellant's low back disability, diagnosed as degenerative joint disease of the lumbar spine, was incurred during her military service. The claim is therefore granted.

The Board has reopened the veteran's claim of entitlement to service connection for a low back disability and found that new and material evidence had been received. The claim is now considered on its merits.

The Board has denied the veteran's claims for service connection for lumbar and cervical spine disabilities, finding that there is no evidence of a chronic disability related to his military service.

The Board has determined that the veteran's symptoms of pain over his left hip in service represent the initial onset of his current lumbar disc disease and degenerative joint disease, warranting service connection.

The Board has denied the veteran's claims for service connection for hemorrhoids, a psychiatric disorder, a low back disorder, and a lung disorder. The evidence does not support these claims as they are all related to conditions that did not have their onset during active service or within the first post-service year.

The Board has granted the application to reopen a previously denied claim of service connection for residuals of a left eye injury. The issues of service connection for traumatic arthritis of the low back and peripheral neuropathy due to herbicide exposure are addressed in the remand that follows.

The veteran's service-connected lumbar spine disability, characterized as traumatic arthritis, is manifested by disc disease and radiculopathy, resulting in constant, radiating pain, numbness, and reduced and painful motion. The severity of the disability is pronounced and shows little intermittent relief despite treatment, therapy, and use of medication. As a result, the schedular criteria for a 60 percent rating have been met for the period prior to September 23, 2002.

The Board has reopened the veteran's claims for service connection for a low back disability and psychiatric disorder, finding new and material evidence. The case is remanded for further development.

The Board has determined that the veteran's lumbar spine disability, which is service-connected and characterized as mechanical lumbar pain, does not warrant a rating higher than 10 percent.

The Board has determined that the veteran submitted new and material evidence sufficient to reopen his claims of entitlement to service connection for a lumbar spine disability, to include degenerative disc disease, and for a thoracic spine disability. The appeal is granted.

The Board has remanded the case for additional development of the evidence, including seeking alternate sources of the claimant's service medical records and reviewing the entire medical record to readjudicate the issues on appeal.

The Board has determined that the veteran's cervical spine, lumbar spine, and gastroesophageal disability are all related to his military service.

The Board has found that the veteran's currently diagnosed degenerative disc disease and spondylosis of the lumbar spine is proximately due to or the result of his service-connected degenerative joint disease, left knee.