Back / lumbar spine decisions — 2004

The Board has reopened the veteran's claim of service connection for back disability, including lumbar neuralgia and right/left foot drop. The case is remanded to obtain additional medical records and conduct further examination to determine appropriate rating and service connection.

The veteran's claim for service connection for a chronic acquired variously diagnosed low back disorder is being remanded due to inadequate examination and incomplete development of the record.

The veteran's appeal is being remanded for a VA examination to determine the current severity of his service-connected recurrent low back strain, and for readjudication under both old and new VA rating criteria.

The veteran's claims for reopening service connection and for CUE in a 1991 rating decision are being remanded due to the interrelated nature of these issues.

The Board has granted service connection for residuals of a low back injury, effective August 19, 1999. However, the veteran is seeking an earlier effective date.

The Board has denied the veteran's claims for service connection for various conditions, including irregular heartbeat, ringing in the ears and vertigo, prostate disorder, and low back pain. The evidence does not support a finding that these conditions are related to military service.

The veteran's PTSD results in total social and occupational impairment, warranting a 100 percent disability rating. The lumbosacral strain is rated at the maximum available.

The Board has determined that a 60 percent rating is warranted for the service-connected residuals of low back injury with degenerative disc disease, status post L4-5 intervertebral disc surgery from November 1, 1994 to August 17, 1999.

The veteran seeks service connection for a back disorder, currently characterized as lumbar spondylosis and degenerative disc disease, which he claims is related to his service-connected residual scar of penetrating gunshot wound to the posterior chest and mid scapular region. The VA has not fulfilled its duty to assist in obtaining relevant medical records.

The veteran's claims for service connection for low back and left knee disabilities are being remanded due to the need for additional medical opinions.

The Board has dismissed the veteran's appeals for increased ratings for his lumbar and cervical spine disabilities, as well as his claim for a total disability rating based on individual unemployability due to service-connected disabilities (TDIU). The reasons given were that the veteran repeatedly failed to appear for scheduled VA examinations and MRI appointments without providing good cause.

The Board denied the veteran's petition to reopen his claim for service connection for a back disorder, finding that new and material evidence had not been received. The original denial in June 1965 was based on the conclusion that the back condition preexisted service and was not aggravated by service.

The Board found that the veteran's neck disability, including degenerative disc disease of the cervical spine and cervical syringomyelia, was not related to his active service.

The Board denied the veteran's claims for service connection for PTSD, defective hearing, a neck disorder, and a back disorder due to lack of evidence supporting these conditions.

The veteran's appeal is remanded due to the need for additional development and examination, including review of new rating criteria for spine and intervertebral disc syndrome.

The veteran's back disorder was granted an evaluation of 40 percent for mechanical low back pain with degenerative disc disease from September 23, 2002, to October 8, 2002. The rating assigned for chronic left-sided L5-S1 radiculopathy is 40 percent effective October 9, 2002.

The Board is remanding the veteran's claims for service connection due to an undiagnosed illness, including multiple chemical sensitivity, low back disorder, skin rashes, sinusitis with upper respiratory disorders and bronchial asthma, and heart disorder. The RO must obtain the veteran's service personnel file and provide appropriate VCAA notice.

The Board has reopened the veteran's claims of service connection for a lumbosacral strain and sinus disorder, but denied these claims as her conditions were not incurred or aggravated during her military service.

The Board granted an effective date of May 31, 1986 for the veteran's service connection for organic mood disorder secondary to brain trauma, which was retroactive to August 12, 1989.

The veteran's claim for an increased rating for his service-connected residuals of shell fragment wounds in the cervical region affecting Muscle Group XXII is granted, with a current evaluation of 30 percent.