Back / lumbar spine decisions — 2003

The Board has determined that the veteran's left hip injury, back strain, and acquired mental disorder are related to her active service. The conditions were found to be directly related without any presumption or secondary connection.

The Board has reopened the veteran's claim for service connection for a low back disability, but denied the underlying de novo claim of service connection. The RO also denied the issue of entitlement to a total disability rating based on individual unemployability.

The Board has ordered further development in the veteran's case due to incomplete service records and a need for additional medical examination. The appeal is currently on hold while these steps are taken.

The Board has ordered further development due to the need for additional evidence. The case is now being sent back to the RO for examination and review.

The Board has reviewed the claims for service connection for peptic ulcer disease, hemorrhoids, and residuals of a low back injury as well as rating issues. The RO denied these claims and ratings in excess of 20 percent each for cervical strain and C-5 radiculopathy.

The Board has ordered further development due to the need for additional evidence and clarification. The case is now being remanded back to the RO for the requested development.

The Board denied the veteran's claims for basic eligibility for educational assistance benefits under Chapter 30 and an extension of the delimiting date for educational assistance benefits under Chapter 1606, finding that she did not meet the criteria for these benefits.

The Board has ordered further development in the veteran's case due to incomplete service medical records and other evidence. The veteran is seeking service connection for low back strain and cervical degenerative joint disease.

The veteran's claim for service connection for a jaw disability was reopened.,The veteran's claims for service connection for chronic gliosis of the left tempero-occipital region and right knee disability were also reopened.

The Board is considering whether new and material evidence has been received to reopen the veteran's previously denied claim for service connection for degenerative arthritis of the lumbosacral spine. If such evidence is found, it will determine if the claim should be granted based on the merits or not.

The Board has determined that additional development is needed before the claim for a total disability evaluation based upon individual unemployability (TDIU) due to service-connected disabilities can be fully adjudicated.

The Board has determined that the veteran does not have a current low back or hip disability and there is no evidence of such in service. Therefore, service connection for these disabilities cannot be granted.

The Board has reopened the appellant's claim for service connection for a low back disability as secondary to his service-connected right knee disability, finding that new and material evidence has been submitted. The appeal is granted on this basis.

The Board has remanded the case for further development and review.

The veteran's appeal is being remanded due to his failure to report for a scheduled hearing and the need to issue a statement of the case regarding a claim under 38 U.S.C.A. § 1151.

The Board has ordered further development due to the need for additional evidence. The case is now being sent back to the RO for obtaining treatment records from Dr. Henry Hall and scheduling an orthopedic examination.

The Board has reopened the veteran's claim of entitlement to service connection for PTSD and granted it. The issues of an initial compensable evaluation for right ear hearing loss disability and increased rating for low back disability are addressed in the remand section.

The veteran's postoperative hemorrhoid disorder does not meet the criteria for a compensable rating. The claims for service connection for residuals of low back and tailbone injuries, as well as an increased rating for right fibula fracture, are pending.

The Board has granted service connection for the veteran's left ankle disorder, finding that it was incurred in service. The issue of service connection for a back disorder is remanded due to procedural deficiencies.

The Board found that the veteran's pre-existing spondylolysis, L5, bilateral, symptomatic condition was aggravated during service and granted service connection for a low back disability.