Back / lumbar spine decisions — 2004

The Board has determined that the veteran's thoracolumbosacral scoliosis and right knee strain are aggravated by service, warranting service connection.

The veteran's appeal is being remanded to the RO for further action, including obtaining Social Security Administration records and verifying stressors. The case will be returned to the Board after completion of these actions.

The Board found that the veteran's low back disorder was not incurred in or aggravated by military service and arthritis may not be presumed to have been incurred in service.

The veteran's appeal has been dismissed because he died during the pendency of his appeal. The Board does not have jurisdiction to adjudicate the merits of these claims.

The Board is remanding the case to the RO for additional development due to procedural defects in VCAA notification.

The veteran's claims for service connection and increased evaluations were denied. The case was remanded to the RO for further development.

The Board determined that the December 1952 rating decision denying service connection for a back disability was not clearly and unmistakably erroneous. The decision found that the correct facts were before the Board at the time, and no incorrect application of law or regulation occurred.

The Board has determined that the veteran's PTSD is service-connected, and new and material evidence has been submitted to reopen his claim for a low back disability. The low back disability will remain denied as there is no new or material evidence.

The Board found that the veteran's current cervical and lumbar spine disorders are not related to service, but did find new and material evidence for his claim of recurrent back strain. The claim for cervical strain with degenerative joint disease and degenerative disc disease was denied as direct service connection is not established.

The Board has determined that the veteran's degenerative joint disease of the cervical and lumbar spine is not related to military service, and thus denied his claim for service connection.

The Board found no evidence linking the veteran's current lumbar spine disorder to his active military service, and thus denied his claim for service connection.

The veteran's claim for a total rating based on individual unemployability due to service-connected disabilities is being remanded for additional development, including obtaining medical records and providing the veteran with adequate notice under the Veterans Claims Assistance Act of 2000.

The Board found that the appellant did not have any of the claimed conditions during service or within one year after separation, and thus denied his claims for service connection.

The Board found that the evidence did not establish service connection for any of the veteran's claimed conditions, as there was no credible evidence showing a nexus between his current disabilities and his military service.

The veteran is seeking service connection for a chronic acquired low back disorder that he claims is secondary to his service-connected left leg and foot disabilities. He also seeks an increased evaluation for his service-connected left leg and foot disability. The case must be remanded for further development, including obtaining medical opinions regarding the relationship between the claimed disorders and the veteran's service-connected conditions.

The Board denied the veteran's claims for service connection for a back disability and ulcer disease, as well as his claims for bilateral hearing loss and tinnitus. The total rating based on individual unemployability due to service-connected disability was also denied.

The VA has denied the veteran's claim for an increased evaluation for her service-connected low back strain, currently rated at 10 percent.

The Board denied the appellant's application for Dependents' Educational Assistance benefits under Chapter 35, Title 38, United States Code due to her reaching her 26th birthday prior to the effective date of the veteran's permanent and total disability rating.

The Board is remanding the case to determine if new and material evidence has been received to reopen a claim of entitlement to service connection for a low back disorder. The veteran's representative will have an opportunity to submit additional argument and evidence.

The veteran's claimed conditions, including insomnia and memory loss, joint pain (including arthritis of the lumbar spine and lumbosacral strain), jaw pain, and rash of the upper arms and shoulders, are not considered to be due to undiagnosed illness from service in the Persian Gulf War. The VA has granted service connection for PTSD which includes insomnia and memory loss, but these conditions are considered part of that condition.