Back / lumbar spine decisions — 2004

The Board has determined that new and material evidence has been presented to reopen the claim for service connection for a low back disorder, and thus the petition is granted.

The Board found that the veteran's current lumbar spine disability is not related to a bayonet wound or other injury in service, and thus denied his claim for service connection.

The veteran's combined disability rating is 30 percent, which does not meet the criteria for a permanent and total disability rating for pension purposes.

The veteran is not entitled to VA financial assistance for the purchase of an automobile with adaptive equipment or for the purchase of adaptive equipment alone due to lack of eligibility based on his service-connected conditions.

The Board found no evidence linking the veteran's current back disability to an injury sustained during service, and denied his claim for service connection.

The VA determined that the veteran's low back disability was not incurred in or aggravated by service and may not be presumed due to military service.

The veteran's appeal is being remanded to the RO for additional development, including scheduling an examination and considering the issues prior to appellate consideration. The case will be returned to the Board once this development has been completed.

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

The veteran's appeal is being remanded for additional development due to VCAA notification and regulatory changes.

The Board has remanded the case for additional development, including obtaining medical opinions regarding the veteran's service-connected disabilities and their impact on his employability.

The veteran's claims for increased evaluation, service connection for flat feet, right knee strain, and hypertension were denied. The claim for service connection for flat feet was not reopened due to lack of new and material evidence. Service connection for hypertension was also denied as there is no evidence linking the condition to active service.

The Board has remanded the case for additional development, including obtaining medical records and arranging for a VA examination to address the relationship between the veteran's low back disability and his service-connected residuals of frozen feet.

The Board denied the veteran's claims for service connection for diabetes, gum disease as residuals of in-service exposure to ionizing radiation, and arthritis of the lumbar spine as residuals of in-service exposure to ionizing radiation. The claim for compensation under 38 U.S.C. § 1151 for sexual dysfunction due to VA surgery performed in August 1987 was also denied.

The VA determined that the veteran's service-connected lumbosacral strain does not warrant a rating higher than 20 percent.

The Board is remanding the case to the RO for further action, including obtaining additional VA medical records and ensuring compliance with VCAA notification requirements.

The Board has determined that the veteran does not meet the criteria for service connection for PTSD or a low back disability, as there is no medical evidence of a diagnosis of these conditions based on any recognized stressor and the constellation of symptoms associated with them. The veteran's current disabilities are not shown to be related to his military service.

The veteran's appeal is remanded for additional development, including obtaining medical records and arranging for specialized examinations to determine the current severity of his service-connected degenerative disc disease of the lumbosacral spine with L5-S1 spondylolisthesis.

The Board has remanded the case due to incomplete development and requests that additional evidence be obtained before a decision can be made on the veteran's claims for service connection for left knee and low back disabilities.

The Board has reopened the veteran's claim for service connection for degenerative joint disease of the lumbar spine and found that new and material evidence had been submitted. The Board determined that there was no nexus between the veteran's back disorder and his active duty military service, nor may it be presumed to have been incurred due to a specific exposure basis.

The veteran's claim for an increased rating of his low back disability is being remanded due to the need for a medical examination and consideration of new regulations regarding spine disabilities.