Back / lumbar spine decisions — 2004

The veteran's appeal is being remanded for additional development, including VA examinations and the evaluation of his service-connected conditions under both old and current rating criteria.

The Board has determined that the veteran does not have current disabilities for which service connection can be granted, including a back disability, left knee disability, and bilateral hearing loss.

The Board has remanded the case due to scheduling issues for a video hearing before a Veterans Law Judge.

The Board has remanded the case for further development, including obtaining medical records and arranging for examinations to assess the severity of the veteran's service-connected lumbosacral strain with degenerative arthritis and a herniated nucleus pulposus at L3-L4. The issue of entitlement to an increased rating for anxiety state is also being remanded.

The Board found that the veteran's back disorder was not incurred in or aggravated by service and denied his claim for service connection.

The Board has determined that the appellant does not have any service-connected disabilities related to his military service, including brain damage, spinal cord injury, cervical, thoracic, or lumbar spine injuries, and deterioration of body function.

The veteran's appeal is being remanded due to the inaudibility of his Travel Board hearing recording, and he has requested another hearing. The case will be returned to the Board after the new hearing.

The Board found that the veteran's service-connected lumbar degenerative disc disease with radiculopathy does not warrant a disability rating in excess of 40 percent.

The Board has determined that the veteran does not have a chronic disability of the left leg or lower back that is etiologically related to his active service period.

The veteran's disabilities do not result in the need for regular personal assistance or protection from daily hazards, thus he is not entitled to special monthly pension benefits based on aid and attendance.

The Board denied service connection for the cause of the veteran's death, finding that no service-connected disability contributed to his death.

The Board has determined that the veteran's arthritis of multiple joints, including both ankles, both knees, and his low back is related to his period of active duty. The psychiatric disorder claim was denied.

The Board found that the veteran's current back disability is not directly related to an in-service injury, and thus denied service connection for chronic lumbar strain with degenerative joint disease at L5-S1 and low back pain.

The Board found that the appellant's current chronic back disability was not incurred or aggravated by his service, specifically noting that the May 1982 injury resolved without leaving residual chronic back disability.

The Board has granted service connection for a low back disorder and denied service connection for bilateral carpal tunnel syndrome. The decision on the low back disorder is based on continuity of symptomatology during and after service, while the denial of bilateral carpal tunnel syndrome is due to lack of clear evidence of in-service injury or disease.

The Board found no evidence of a current right ankle disability and denied the veteran's claim for service connection. The back disability was not related to active service.

The Board has determined that new and material evidence has been presented to reopen the claim of entitlement to service connection for low back disability. The veteran's current low back disability is found to be related to his military service, and he is granted an initial rating of 10% for fibromyalgia.

The Board has decided to remand the case for additional development, including obtaining medical records and scheduling examinations. The appellant is seeking an increased evaluation for his service-connected low back disability.

The veteran's appeal is being remanded for additional development, including obtaining VA treatment records and ensuring compliance with notification requirements.

The Board has granted service connection for a low back disorder, finding that the evidence is at least as likely as not related to the veteran's in-service injury.