Back / lumbar spine decisions — 2004

The Board denied the veteran's claim for service connection of a low back disability as secondary to his service-connected left knee disorder, finding that there was no evidence linking the current low back condition to his active duty or any other relevant exposure.

The Board has determined that the veteran currently does not have a psychiatric disorder, right foot disability, or low back strain due to service. The Board found that any current disabilities are unrelated to service.

The Board has determined that the veteran's pronounced degenerative disc disease of the lumbar spine warrants a 60 percent rating, which is the maximum available under the pre-September 23, 2002 criteria for Code 5293.

The Board has determined that the veteran's service-connected low back injury and related neurological impairment of the legs with loss of use are supported by medical evidence, warranting a grant of service connection for these conditions.

The Board found that the veteran's current low back disability was not incurred in or aggravated by his service, and thus denied his claim for service connection.

The veteran's claims for increased evaluations of his service-connected left shoulder and low back disabilities are being remanded to the RO for additional development, including obtaining relevant medical records and providing the veteran with a VA examination.

The Board has reopened the veteran's claims for service connection due to new and material evidence, but did not address the merits of these claims as they were decided on the basis of direct service connection.

The veteran's claim for an increased disability rating for his service-connected low back disorder was denied by the RO in May 2002.

The Board has reopened the veteran's claim of service connection for back disability and remanded it for further development. The claims of service connection for hypertension and renal disability are also being remanded.

The Board found that the veteran's appeal was untimely and dismissed it, as his substantive appeal was received over a year after the initial denial of service connection for a back disorder.

The Board found that the veteran's lumbar disc disease warranted a rating of 60 percent, which was the maximum schedular rating available. The case does not present an exceptional or unusual disability picture.

The veteran's claim for a higher evaluation of his lumbosacral strain is being remanded due to the need to review and apply the new rating criteria effective September 26, 2003.

The Board denied the veteran's claims for service connection for low back disorder, neck disorder, headaches, and skin rash due to lack of evidence linking these conditions to his military service.

The Board has reopened the veteran's claim for service connection for a back disorder due to new and material evidence. However, further development is needed before adjudicating the merits of the claim.

The veteran's claim for service connection for a low back disorder, including lumbosacral strain, spasm, and post-laminectomy herniated disc is being remanded due to the need for an examination to determine if there is a relationship between his current condition and service.

The Board has remanded the case due to inadequate notice and duty-to-assist requirements under the VCAA, and a need for further development including obtaining medical records and arranging for an examination.

The Board found no evidence of a low back injury or disability in service, and the veteran's current low back disorder is not linked to his military service. The claim for service connection was denied.

The Board denied the veteran's claims for increased ratings for bilateral keratoconus and status post C5-C6 diskectomy and fusion with degenerative disc disease at C4-C5, C5-C6 and C6-C7. The veteran was granted service connection but not awarded higher disability ratings.

The veteran's appeal was dismissed due to his death, and the Board has no jurisdiction to adjudicate the merits of this appeal.

The veteran's claims for increased ratings prior to September 23, 2002 were denied as his symptoms did not meet the criteria for a higher rating under the applicable diagnostic codes. From September 23, 2002, he was granted an evaluation of 20 percent for limitation of motion of the lumbar spine and 10 percent for radiculitis of the lower left extremity due to degenerative disc disease of the lumbar spine.