Back / lumbar spine decisions — 2004

The veteran's claim for service connection for a low back disability is being remanded due to the need for additional development, including obtaining private treatment records and scheduling a VA examination.

The Board found that the veteran did not file a timely Notice of Disagreement (NOD) regarding the effective date for his service-connected low back disorder, which was initially assigned in February 1994. As a result, the appeal on this issue is denied.

The Board found no evidence of a lumbar spine injury during service and no competent medical opinion linking the veteran's status-post lumbar laminectomy to his military service. As such, the claim for service connection was denied.

The veteran's appeal is being remanded for additional development, including a new examination and review of the claims file to determine if higher ratings are warranted for his service-connected conditions.

The Board has granted a 20 percent rating for the service-connected lumbosacral strain, effective from March 21, 2001.

The Board has remanded the case for additional development due to missing service medical records.

The Board found no evidence of current cervical or lumbar degenerative joint disease, and denied service connection for these conditions. Service connection was also denied for systemic lupus erythematosus due to lack of a current disability.

The Board has remanded the case due to incomplete evidence and legal errors in previous decisions. The appellant's service connection claims for a back disorder and bilateral hearing loss will be reconsidered after obtaining additional medical records.

The veteran's service-connected conditions do not result in an employment handicap, and he has successfully maintained suitable employment.

The veteran's low back disability is rated at 40 percent, effective as of the date of this decision. His initial rating for diabetes mellitus remains at 20 percent.

The Board found no evidence of a back injury in service and concluded that the veteran's current back disability is not related to his military service.

The Board has determined that the veteran's claim for service connection for lumbosacral strain, claimed as secondary to his service-connected right leg fracture, requires additional development. This includes obtaining medical records from private providers and VA examinations.

The Board has denied the veteran's claims for service connection for pseudofolliculitis barbae, depression, and a shoulder condition. The claim of whether new and material evidence had been received to reopen a claim of entitlement to service connection for plantar wart, left foot, is dismissed due to withdrawal by the veteran.

The Board denied the veteran's claims for higher disability ratings for his service-connected lumbar herniated nucleus pulposus and gastroesophageal reflux disease (GERD).

The Board denied an initial disability rating in excess of 40 percent for the veteran's low back disorder, finding that the evidence did not warrant a higher rating under the old criteria. The current rating of 40 percent is considered appropriate based on severe limitation of motion and pain.

The Board found that the appellant's preexisting thyroid disorder was not aggravated by her military service and denied her claim for service connection.

The veteran's claim for service connection for headaches has been denied. His lumbar strain and dysthymia have been granted with current ratings of 20% and 30%, respectively, but he is seeking higher ratings.

The Board has remanded the case for additional development due to incomplete records and a need to obtain SSA decision.

The Board has remanded the case for further development due to an unclear VA examination, and the veteran is entitled to have the new evidence considered first by the RO.

The Board has determined that the veteran's service-connected degenerative disc disease/degenerative joint disease, lumbosacral spine warrants a disability rating of 40 percent effective June 30, 2003.