Back / lumbar spine decisions — 2004

The Board has granted an effective date of September 3, 1998 for the award of a 40 percent evaluation for lumbosacral strain.

The Board has denied the veteran's claims for service connection for psychiatric disability, low back disability, and residuals of a right arm fracture. The claim for a compensable evaluation for malaria was remanded to the RO.

The Board has granted service connection for lumbosacral strain and degenerative disc disease, finding that the veteran's current low back disability is due to an injury during active duty for training (ACTDUTRA) in July 1999. The Board also found that his now service-connected lumbosacral strain may have aggravated his pre-existing degenerative disc disease.

The Board denied the veteran's claims of entitlement to service connection for an acquired psychiatric disorder and a low back disorder, finding that new and material evidence had not been received to reopen these previously denied claims.

The veteran's claim for service connection for a low back disability is being remanded due to unclear status of previous decisions and the need for compliance with VCAA notice and assistance requirements.

The Board has granted the reopening of the veteran's claims for service connection for alcoholism and lumbosacral strain (claimed as a back condition), finding that new evidence submitted since the May 1976 denial relates to an unestablished fact necessary to substantiate these claims.

The Board denied the appellant's claim for DIC benefits under 38 U.S.C.A. § 1318, finding that the veteran was not rated as totally disabled due to service-connected disability for at least ten years immediately preceding his death or since discharge from military service and for at least five years immediately preceding his death.

The Board found that the veteran's back disorder was not incurred or aggravated during his first period of active duty. The pre-existing condition was also determined to have not been aggravated by service, and thus denied service connection.

The Board has remanded the case to the RO for additional development, including obtaining SSA records and adjudicating the issues on appeal.

The Board has denied the veteran's claim for service connection for a back disorder, but the issue remains pending. The case also includes an appeal for a rating in excess of 50 percent for skin disability prior to July 14, 1993, which is currently under review.

The Board denied the veteran's claims for increased evaluations for his service-connected right and left shoulder injuries, as well as lumbosacral strain. The denial was based on the veteran's failure to report for a scheduled VA examination.

The Board has granted earlier effective dates for the PTSD rating increase to 70% and TDIU benefits, but denied service connection for a back injury. The veteran's claims of earlier effective dates are considered granted in full.

The Board has granted service connection for degenerative arthritis and lumbosacral strain, as well as degenerative arthritis of the left hip, both found to be secondary to the veteran's service-connected bilateral pes planus.

The Board has remanded the case for further development and examination to determine if the veteran's low back disability is related to his military service.

The veteran's appeal is being remanded for further development and consideration of his claims, including a VA psychiatric examination.

The Board has remanded the case due to incomplete information and need for further examination. The appellant's claim for service connection for a back disorder is pending.

The Board has denied the veteran's claims for service connection for psychoneurosis, hysteria type, and anxiety reaction (claimed as a nervous disorder) and a lumbar spine disorder (claimed as a back disorder), finding no evidence linking these conditions to his military service. The heart disease claim was also denied.

The Board has found that the veteran's radicular leg disability, including numbness, is related to his service-connected lumbosacral strain.

The Board has granted an increased rating to 40 percent for the veteran's service-connected low back disability, finding that it produces severe limitation of motion.

The veteran is seeking service connection for a back injury sustained during military service. The Board has ordered additional development, including obtaining medical records and scheduling the veteran for an examination to determine if his current spine disabilities are related to his military service.