Back / lumbar spine decisions — 2004

The Board has reopened the veteran's claim of service connection for a back disorder due to new and material evidence submitted since the last denial. The claim is now pending on its merits.

The Board denied the veteran's claims for service connection for a ruptured disc of the lumbar spine and increased ratings for right and left ankle sprain with laxity. The evidence did not support a finding that these conditions were incurred in or aggravated by military service.

The veteran's claim for an earlier effective date for a 20% disability rating for lumbosacral strain was denied as the most generous effective date provided is November 8, 2001, which is when his formal claim was received.

The veteran's disabilities do not meet the criteria for a permanent and total disability rating for VA pension purposes, as they are not severe enough to prevent him from maintaining substantially gainful employment.

The Board denied the veteran's claims for service connection for a back disability and an increased rating for bursitis of the right trochanteric, finding that new and material evidence had not been submitted to reopen these claims.

The Board has granted service connection for a defect of the insertion of the left pectoralis major muscle, which is considered a direct result of an injury sustained in service. The claim for low back pain remains pending and will be remanded to the RO for further action.

The veteran's claim for a compensable rating for mechanical low back pain is being remanded due to the need for VCAA compliance and updated examination under new rating criteria.

The Board has determined that the veteran's current back disorder, diagnosed as lumbosacral strain and degenerative disc disease at L4-5 and L5-S1, was incurred in service. The benefit of doubt is given to the veteran.

The veteran's claims for increased rating and TDIU are being remanded to the RO for further development, including consideration of changes in VA rating criteria.

The Board has remanded the claims for higher ratings for postoperative nasal polyposis and lumbosacral spine arthritis to allow for additional development, including obtaining medical opinions regarding the relationship of these disabilities to service.

The Board denied service connection for residuals of a right ankle sprain, left ankle disability, plantar fasciitis, hemorrhoids, and gastrointestinal disorder. The veteran's claims were not supported by evidence showing chronic disabilities in service or continuity of symptoms since service.,Service connection was also denied for hypertension as there was no diagnosis of the condition during service or at any point after service.

The Board denied the veteran's claims for increased ratings for his service-connected bilateral hearing loss and mechanical low back pain, finding that the evidence did not meet the criteria for a compensable evaluation.

The Board has remanded the case for further development, including obtaining medical records and scheduling examinations to assess the severity of the veteran's service-connected disabilities. The appeal is now pending again with the RO.

The VA determined that the appellant's service-connected low back disability does not warrant a rating higher than 40 percent, as his symptoms do not meet or approximate the criteria for a higher evaluation based on incapacitating episodes, chronic orthopedic and neurologic manifestations, or complete bony fixation (ankylosis) of the spine.

The Board has reopened the claim for service connection of a low back disorder and granted an increased rating for nonspecific folliculitis. The effective date is pending further development.

The Board has determined that new and material evidence has been submitted to reopen the claim of entitlement to service connection for a chronic acquired low back disorder claimed as residuals of injury. The veteran's claim is now remanded to the RO for further consideration.

The Board denied service connection for residuals of heat exhaustion and a low back disorder, finding no evidence linking these conditions to service.

The veteran's appeal was dismissed due to the failure to file a timely Notice of Disagreement (NOD) regarding his bilateral plantar fasciitis claim. The remaining claims for increased ratings and TDIU were denied.

The veteran's appeal is being remanded due to compliance issues with the Veterans Claims Assistance Act of 2000 and a need for additional development, including scheduling an orthopedic examination.

The Board has remanded the veteran's claims for further development due to conflicting medical opinions and incomplete records. The veteran seeks service connection for bilateral knee disability and lumbar spine disability, both of which are currently service-connected.