Back / lumbar spine decisions — 2004

The Board found that the appellant's chronic degenerative disc disease with disc interspace narrowing at C3-C6 and mild hypertrophic arthritic spurring was not incurred in or aggravated by active military service, and therefore denied his claim for service connection.

The Board has determined that new and material evidence has not been submitted to reopen the veteran's claim for service connection of a low back disorder. The October 1997 rating decision denying this claim is considered final.

The Board denied service connection for a low back disability and awarded initial compensable evaluations of 10 percent each for a dislocated left patella and a right 2nd toe fracture.

The veteran's mechanical low back pain with arthritis is rated at 20 percent since September 20, 2000. The appeal for secondary service connection for cervical and thoracic spine disorders was granted.

The Board has remanded the case due to incomplete evidence and further development is required before a decision can be made on the service connection claim for a low back condition.

The veteran's claims for service connection for various conditions have been denied. The intertwined claim of secondary service connection for herniated nucleus pulposus of the lumbar spine with radiation to the lower extremities must be addressed first.

The veteran seeks compensation under 38 U.S.C.A. § 1151 for degenerative disc disease of the cervical spine with radiculopathy, alleging medical negligence by VA doctors during a left C6/C7 hemilaminectomy and nerve root decompression surgery in July 2001 at the Durham, North Carolina VA Medical Center. The claim is remanded due to incomplete records from SSA and the VA Medical Center.

The veteran's claim for a higher rating for degenerative disc disease, C3-6, with paresthesias of the left arm remains before the Board after a previous increase to 40 percent. The case is remanded due to the need for a new VA cervical spine examination.

The Board found that the veteran's heart disease was not incurred in or aggravated by service, nor may it be presumed to have been incurred therein. The right knee disability is denied as there is no clear evidence of a nexus between the current condition and service.

The veteran's appeal is being remanded for scheduling a personal hearing at the RO before a Decision Review Officer.

The Board has denied the veteran's claims for service connection for a lower back condition and left knee disability, as well as his claim for a compensable initial rating for residuals of fragment wound to the right scapular area. The effective date issue is also pending.

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

The Board has determined that new and material evidence has been presented to reopen the veteran's claim for service connection of a low back disability. The claim is granted as the evidence supports the conclusion that the current low back disability originated in service.

The Board has remanded the case due to incomplete records and further examination is required.

The veteran's appeal is being remanded for additional development, including VA examinations to assess the severity of her low back disorder and flat feet. The case will be returned to the Board for further review.

The veteran's claim for service connection for paravertebral myositis, degenerative joint disease of the lumbar spine and chronic low back pain (claimed as a low back condition) is being remanded due to the need to obtain additional medical records from Social Security Administration.

The veteran's combined service-connected disabilities, which include multiple knee and hip injuries along with arthritis and anxiety/depression, render him unable to secure or follow substantially gainful employment. The Board has granted a TDIU based on these conditions.

The Board denied the veteran's claims for service connection for low back strain, left elbow disability, and bilateral knee disability. The VA found no evidence of a current disability related to these conditions.

The veteran's lumbosacral strain with disc space narrowing was initially rated at 20 percent prior to September 23, 2002. From that date, the rating was increased to 50 percent.

The Board has determined that the veteran's right ankle disability is not service-connected, and his bilateral knee and low back disabilities are also denied. The claim for a compensable evaluation for residuals of a compound alveolus fracture of the mandible was withdrawn by the veteran.