Back / lumbar spine decisions — 2004

The veteran's death was not due to service-connected causes, and he did not meet the criteria for DIC benefits under 38 U.S.C.A. § 1318.

The Board denied service connection for a low back disability and residuals of a right hip injury, finding no evidence to support the veteran's claims.

The Board denied the veteran's claims of service connection for bilateral pes planus, low back condition, right knee condition, and bilateral hip condition. The decision concluded that there was no evidence to support a finding of aggravation during service or any link between these conditions and service.

The veteran's back disability is currently rated at 60 percent for recurrent lumbosacral pain with early osteophyte formation and disc space narrowing, which includes unfavorable ankylosis of the lumbar spine, severe limitation of motion, pronounced intervertebral disc syndrome, and severe lumbosacral strain. The current rating adequately reflects these conditions.

The Board has determined that the appellant's claims for service connection for residuals of a groin injury, including left varicocele, and back disability have been denied as new and material evidence was not received to reopen these previously denied claims.

The Board has determined that a rating of 60 percent is warranted for the veteran's lumbar paravertebral myositis with clinical left L5-S1 radiculopathy, effective from the date of the claim.

The Board has granted an increased evaluation of 20 percent for residuals of a ligamentous injury of the left ankle, finding that the veteran's service-connected condition causes functional losses approximating marked limitation of motion.

The Board has granted the claim for service connection for a low back disability. The claim for service connection for hypertension due to tobacco use in service was denied.

The Board denied the veteran's request to reopen his claim for service connection for a back condition, finding that no new and material evidence had been submitted.

The Board found that the veteran's lumbosacral strain does not meet or approximate the criteria for a rating in excess of 10 percent, and therefore denied an increased rating.

The veteran's claims for increased ratings for low back strain and PTSD, as well as his claim for a total rating due to service-connected disabilities are being remanded for further development.

The Board found no clear and unmistakable error in the RO's decision to sever service connection for arthritis, chronic, lumbosacral spine. The veteran did not have a prior diagnosis of arthritis before his injury in 1945, and spondylolisthesis was considered a congenital disorder.

The Board has remanded the case due to unresolved clinical issues regarding low back and bilateral knee disabilities, as well as a need for additional VA examinations. The claims will be reconsidered based on the new evidence.

The Board has determined that the veteran's claims for service connection for bilateral hearing loss, low back condition, and prostate condition have been denied as new and material evidence was not submitted to reopen these previously denied claims.

The Board has remanded the case for further development and consideration, including obtaining additional medical records and providing a VA examination.

The Board has remanded the case for further development, including obtaining medical records and scheduling a VA examination. The issues of service connection for residuals of a left shoulder injury and an increased rating for low back disability are also being addressed.

The Board has determined that the veteran's claim to reopen his service connection for a chronic low back disorder must be remanded due to incomplete records and further development is needed.

The veteran's claim for service connection of a low back disability is being remanded due to the need to verify his periods of active duty and inactive duty training, as well as to conduct a VA examination. The examiner will determine if the current low back disorder is related to prolonged sitting in aircraft during service or otherwise etiologically related to his extended period of active duty or his service in the Naval Reserves.

The veteran's total disability rating based on individual unemployability was denied as he did not meet the schedular requirements for a total combined disability rating of at least 70% due to his service-connected conditions. The effective date remains unchanged at May 3, 1995.

The veteran's claims for increased rating and service connection for right knee and low back disorders were denied. The RO reopened the claims based on new evidence, but denied them as secondary to his service-connected left ankle disorder.