Back / lumbar spine decisions — 2004

The Board has remanded the case for further development, including verification of Army Reserve service and obtaining related medical records.

The Board denied the veteran's claim for service connection of a back disorder, finding that there is no medical evidence to link his current disability to an in-service injury or disease.

The Board has reopened the veteran's claim of service connection for back disability due to new evidence received since the last final denial. The claim will be further adjudicated on its merits.

The Board has determined that additional development is needed to properly evaluate the veteran's service-connected herniated nucleus pulposus of the lumbosacral spine and his claim for a total rating for individual unemployability due to service-connected disability. The case will be remanded to obtain relevant medical records, arrange for an appropriate VA examination, and review the claims file to ensure compliance with all VCAA requirements.

The Board has determined that the veteran's claim for service connection for a chronic low back disability must be remanded due to incomplete notification and development of his claims, including obtaining additional medical records from various facilities.

The Board has remanded the case for additional development due to incomplete records and other issues.

The Board has determined that the appellant's current low back disability was incurred during service and granted service connection for this condition. The claim for service connection of depression is pending as a separate issue.

The veteran's low back disability is rated at 20 percent, and his right hand infection residuals are also rated at 10 percent. The Board found that the evidence does not support a higher rating for either condition.

The Board denied service connection for degenerative joint disease of the lumbar spine, loss of bladder control, and otitis externa. The veteran's claims were based on direct service connection without any presumption or secondary theory.

The veteran's appeal is being remanded for additional development, including obtaining clarification of the VA examiner's opinion and considering new evidence.

Throughout the appellate period, lumbosacral strain has been manifested by complaints of non-radiating pain with exertion and no more than slight limitation of motion; muscle spasm on extreme forward bending or loss of lateral spine motion, unilateral, in a standing position has not been shown. The criteria for an initial rating in excess of 10 percent for lumbosacral strain are not met.

The veteran's claims for service connection and increased rating are being remanded due to the need for additional evidence and a VA examination.

The Board found that the veteran's current low back disability began during his active duty and is related to service. The March 1952 RO decision denying service connection for a low back disorder was not based on clear and unmistakable error (CUE).

The Board has remanded the case for additional development, including obtaining medical records and scheduling examinations to determine the nature and extent of any back disorder and hearing loss with tinnitus.

The Board has denied the veteran's claims for reopening his service connection claims for bilateral hearing loss, a low back condition, and a personality disorder with paranoid features (emotional problems) due to lack of new and material evidence.

The Board found that there is no factual evidence to support an earlier effective date for a 60 percent evaluation for lumbosacral strain status post lumbar fusion prior to October 10, 2001.

The Board has determined that the veteran's low back disorder and hysterectomy residuals are service-connected.

The Board found that new and material evidence had not been submitted to reopen the veteran's claim of entitlement to service connection for a low back disability, including tuberculosis of the lumbar spine.

The veteran's claim of entitlement to a higher initial rating for his service-connected low back disorder is being remanded due to regulatory changes and the need for further examination.

The Board has remanded the veteran's claims for service connection for a right knee disability and low back pain due to insufficient medical evidence. The RO is instructed to arrange for further VA examinations, obtain additional evidence, and readjudicate the claims.