Back / lumbar spine decisions — 2003

The Board has ordered the case to be remanded due to failure to comply with provisions of the Veterans Claims Assistance Act of 2000 and other procedural issues. The claimant must provide additional evidence, including service personnel records and medical records from private providers. A VA examination is also required.

The veteran's claim of an extraschedular rating for mechanical back pain with residual muscle strain is being remanded to the RO for further development and readjudication.

The Board has determined that the veteran's hepatitis C and back disability were not incurred or aggravated during service, and thus denied both claims.

The Board denied the veteran's claim for service connection for a back disability, finding that the evidence did not support the claim based on direct service connection.

The Board has determined that the veteran does not have service connection for any of the claimed conditions, including PTSD, hearing loss, upper respiratory disorders, tonsillitis, hemorrhoids, low back injury, frostbite, ingrown toenails, numbness of hands, fracture of left thumb, right shoulder dislocation, left elbow disability, arthritis of the back and shoulders, hyperopia and presbyopia, chloracne (claimed as secondary to herbicide exposure), or acute/subacute peripheral neuropathy (claimed as secondary to herbicide exposure).

The Board denied the claimant's service connection for a right ankle disability and his claims for increased ratings for low back strain. The claimant's current disabilities were found to be not related to active service or secondary to any service-connected conditions.

The Board denied the veteran's claim for an increased rating for her service-connected low back disability, currently rated at 40 percent.

The Board denied an increased evaluation for the veteran's service-connected recurrent lumbosacral strain, finding that a rating in excess of 40 percent is not warranted.

The Board has determined that the veteran's back disability is due to an injury sustained during active service, and thus grants service connection for this condition.

The Board has denied the veteran's claims for service connection for a kidney disorder, an increased rating for residuals of a surgical scar, and an earlier effective date for compensable evaluations for degenerative disc disease of the lumbar and cervical spine.

The Board determined that the veteran's low back disorder was not incurred in or aggravated by active service and denied his claim.

The Board has remanded the case for additional development due to the need for a VA examination.

The Board has determined that the veteran's current low back disability and left knee injury are not related to his active service or any period of inactive duty training. The evidence does not support a finding that these disabilities were incurred in or aggravated by military service.

The Board has ordered additional development, including obtaining medical records and conducting VA examinations. The case is being remanded to the RO for further action.

The veteran's chronic disabilities, including hypertension, COPD, right elbow and low back conditions, prevent him from engaging in substantially gainful employment consistent with his age, education, and work history. The Board has determined that the criteria for a permanent and total disability rating for non-service-connected pension purposes are met.

The Board is considering whether new and material evidence has been submitted to reopen the veteran's claim of service connection for a back disorder. The case will be remanded for further development.

The veteran's claims for increased ratings for generalized anxiety disorder, postoperative residuals of acromioclavicular dislocation of the left shoulder, and postoperative residuals of right shoulder separation have been granted. The claim for an increased rating for low back injury with lumbosacral strain has also been granted.

The Board has determined that the veteran's current low back disability is due to an injury sustained during active service, and therefore grants service connection for residuals of a low back injury.

The Board has determined that new and material evidence has been submitted to reopen the veteran's claim of entitlement to service connection for a lumbar spine disorder claimed as spondylolisthesis.

The Board denied the veteran's request to reopen his claim for service connection of a back disorder, finding that new and material evidence had not been received.