Back / lumbar spine decisions — 2004

The Board has remanded the case for further examination and development due to the veteran's contention that his current upper back disability is related to military service or is a result of his service-connected low back disability.

The Board found that the veteran's bilateral flat feet and degenerative disc disease of the cervical and lumbosacral spine were not incurred in or related to service. The claim for secondary service connection was also denied as there was no service-connected condition upon which to base a secondary claim.

The veteran's claim for compensation under 38 U.S.C.A. § 1151 for a low back disability is being remanded due to the need to obtain additional evidence from 'B.T.', an attorney at the VA medical center in Jackson.

The veteran's appeal is being remanded for additional development, including obtaining medical records and scheduling examinations to assess her back, right knee, and left ankle conditions.

The Board denied service connection for herniated nucleus pulposus, L5-S1 and residuals of back injury. The claim for degenerative disc disease, cervical spine, status post decompressive laminectomy was also denied as the evidence did not establish a direct link to service.

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

The Board denied service connection for a psychiatric disorder and denied special monthly pension on account of the need for aid and attendance. The veteran's disabilities include major depressive disorder, prostate adenocarcinoma, lumbar paravertebral myositis, and cervical paravertebral myositis.

The Board denied the veteran's claims for initial evaluations in excess of 30 percent and 10 percent, respectively, for PTSD and Degenerative Disc Disease, Lumbar Spine.

The Board found no competent evidence relating the veteran's current back disability to service, including medical evidence that arthritis/stenosis of the spine was manifested within one year of separation from service. The only medical opinion on the question of medical nexus weighed against the claim.

The Board has denied the veteran's claims for service connection for back disability and PTSD, finding no competent medical evidence linking these conditions to his period of active service. The claim for special monthly compensation based on need for regular aid and attendance or being housebound is remanded for further development.

The veteran seeks service connection for lung disorders, PTSD, and a back disorder. The claims are being remanded due to incomplete records and the need to obtain inpatient treatment records from his military hospitalization after an airplane crash.

The veteran's claims for increased ratings for left eye aphakia, hypertension, and service connection for right eye cataract, bilateral foot disability, and low back disability were denied. The RO also granted service connection for major depression with a 30 percent evaluation effective September 2, 1999.

The veteran's claim for a non-service-connected pension, including on an extra-schedular basis, is being remanded due to the need for additional development and notification under the Veterans Claims Assistance Act of 2000 (VCAA).

The Board found no evidence linking the veteran's current neck and low back disorders to his service, including a fall from a trampoline in Vietnam. The VA examiner concluded that the veteran's conditions were more likely due to aging and heavy manual labor over many years post-service.

The Board has determined that the veteran's low back disability, characterized by severe intervertebral disc disease with recurring attacks and intermittent relief, warrants a 40 percent rating.

The Board denied the veteran's claims of service connection for a right hip disorder, low back disorder, and right leg disorder. The evidence did not show that any of these conditions were aggravated by active service or related to his period of service.

The veteran withdrew his appeal regarding the service connection for chloracne, a low back condition, fungus of the left big toenail, and folliculitis of both inner thighs prior to the Board's decision.

The Board is remanding the case to the RO for additional development, including scheduling a VA examination and providing VCAA notice.

The Board has granted service connection for the right knee disability as secondary to the service-connected left knee and low back disabilities. The veteran is now entitled to a higher rating for his low back disability.

The Board has remanded the case for additional development due to failure to comply with VCAA notification requirements.