Back / lumbar spine decisions — 2004

The veteran's claims for a compensable evaluation for scar, left forehead and service connection for residuals of a head injury (other than a forehead scar) and DDD of the cervical spine and lumbosacral disc bulge were denied. The veteran's claim for GERD was not addressed as it may be related to his service-connected headaches. Service connection claims for hypertension and nerves were also denied.

The veteran's appeal is being remanded for additional development, including obtaining medical records and arranging for VA examinations to assess the impact of his service-connected disabilities on his ability to work.

The Board has granted an effective date of January 18, 1960 for the grant of service connection for a low back disability.

The Board found that a low back disorder is not related to service or the veteran's service-connected bilateral knee disabilities, and thus denied the claim.

The Board has granted the veteran's claim for service connection for a low back disability, determined to be directly related to his active service.

The Board found no evidence of a current back disability or any nexus between the veteran's service and his claimed disabilities. The claims for service connection were therefore denied.

The Board has remanded the veteran's claims for an initial evaluation in excess of 40 percent for a lumbosacral strain, with disc disease and degenerative arthritis, and to a total rating for compensation purposes based upon individual unemployability due to significant changes in the relevant rating criteria.

The veteran's combined disability rating is 50%, which does not meet the criteria for a permanent and total disability rating required for pension purposes. The veteran has multiple disabilities but can still engage in substantial gainful employment.

The Board has granted an initial evaluation of 60 percent for the service-connected low back disability, effective from June 6, 2000.

The veteran's appeal is remanded to the RO for a VA examination and readjudication of his claim based on changes in the rating criteria. The case will be returned to the Board if further action is required.

The Board has denied the veteran's claims for service connection for a back disorder and left shoulder disorder, finding no competent medical evidence linking these conditions to his service-connected bilateral varicose veins or any other service event. The claim for an increased rating for bilateral varicose veins remains pending.

The Board denied the veteran's claim of service connection for a low back disability, finding that there was no evidence to support a link between his current condition and an in-service injury or event.

The Board has determined that new and material evidence has been received to reopen the veteran's claim for service connection for a back disorder.

The Board denied the veteran's claims for service connection for a low back disability and an increased rating for residuals of a shell fragment wound of the right thigh.

The Board found no evidence to support the veteran's claims for service connection for low back and neck disorders, including as secondary to his service-connected conversion reaction disability. The conditions were not shown to be related to his military service.

The veteran's claim for an increased evaluation for left sacroiliac irritation with low back pain and arthritis was granted, but only up to a 20 percent rating effective March 31, 2001. The appeal is denied for the period prior to September 26, 2003.

The Board has found new and material evidence to reopen the claim of service connection for a back disability. However, further development is needed due to the need for additional medical examination to determine if there is an etiological relationship between active duty and the claimed right hip avascular necrosis (claimed as arthritis of the right hip).

The Board has determined that new and material evidence was not received to reopen the claims of service connection for a left ankle disability, low back disability, and left knee disability. As such, these claims remain denied.

The veteran's claims for PTSD, bilateral hearing loss, and low back disorder were all denied as there is no evidence of a connection between the conditions and active service. There are also no presumptions of exposure due to military service (e.g., burn pit, Agent Orange).