Back / lumbar spine decisions — 2004

The Board has determined that the veteran's service-connected disabilities do not warrant evaluations in excess of 10 percent for degenerative joint disease of the lumbosacral spine, traumatic arthritis of the cervical spine, and left knee disability.

The Board denied service connection for a psychiatric disability and a low back disability, finding that the evidence did not support such claims.

The veteran's claims for increased ratings and a total rating based on individual unemployability due to service-connected disabilities have been denied by operation of law due to his failure, without good cause, to report for VA examinations.

The Board has determined that the appellant does not have a current back, nose, or headache disability that was incurred in service. The claims for service connection were denied.

The Board is remanding the case to the RO for further development due to procedural issues, including providing VCAA notification.

The veteran's claim for an increased rating for his lumbosacral spine disorder is being remanded due to the need for additional development, including obtaining medical records and verifying service dates. The case will be reviewed again after these steps are completed.

The Board has granted an effective date of August 2, 1994 for the 10 percent rating assigned for the veteran's service-connected headaches. The veteran was awarded a 20 percent disability rating for his cervical spine disorder from August 2, 1994.

The Board found that the submitted evidence was not new and material, as it did not provide a medical nexus between the veteran's current low back disability and his military service.

The Board granted service connection for vasomotor rhinitis and degenerative disc disease of the cervical spine, finding that these conditions were aggravated by in-service injuries. The claims for skull fracture, weakness of the right side of the body due to head injury, and memory loss due to head injury were denied as there was no evidence of a current disability.

The Board has remanded the case for further development and readjudication due to new regulations, incomplete evidence, and need for a VA examination.

The veteran's claim for a total rating for compensation based upon individual unemployability prior to June 6, 2001 is being remanded due to the need for additional development and examination.

The Board has granted a 60 percent evaluation for the veteran's lumbosacral strain with degenerative disc disease, which is considered pronounced symptomatology.

The Board has determined that further development of the case is necessary due to missing SSA and worker's compensation records, which may impact the veteran's claim for service connection.

The Board has remanded the case due to incomplete records and need for additional medical evaluation.

The Board has remanded the case due to incomplete records and the need for further examinations. The veteran's claims will be reconsidered after these steps are completed.

The Board has denied the veteran's claims for service connection for various conditions, including PTSD, fibromyalgia, cervical cancer/dysplasia, ear disorder (otitis media and externa), nasal disorder (upper respiratory infections and sinusitis), headache disorder, jaw disorder, cervical spine disorder, and low back disorder. The evidence received since the October 1993 rating decision does not show that any of these conditions were incurred in or aggravated by service.

The veteran is seeking service connection for low back, right leg, and right hip disabilities. The Board has determined that additional development is needed to properly adjudicate these claims.

The Board has granted the veteran's claim for service connection and assigned a 10 percent disability rating for his degenerative disc disease of the thoracolumbar and lumbar spine as well as mild osteoarthritis of the facets of L4-L5 and L5-S1, with a history of congenitally small spinal canal. The veteran's claim is not about service connection at all.

The Board denied service connection for right and left knee disabilities, as well as a back disability. The veteran sustained multiple abrasions in service but no chronic disabilities of the knees or back were reported at separation. Arthritis was initially demonstrated many years after service, and the most probative medical evidence indicated that these current disabilities are not related to his military service.

The Board has determined that the veteran's current low back disability, including postoperative residuals of a herniated lumbar disc, began during active service and is therefore incurred in or aggravated by service. The claim for hepatitis was not addressed as it falls outside the scope of this decision.