Back / lumbar spine decisions — 2004

The Board denied service connection for neck and back disorders, granted a 20 percent rating for the service-connected residuals of a right sternoclavicular joint injury, and denied a compensable rating for the service-connected residuals of a left sternoclavicular joint injury.

The Board has remanded the case for additional development and clarification due to ambiguity in the evidence regarding whether the veteran's conditions were present before service.

The Board has reopened the veteran's claim for service connection for a low back disorder and remanded the case for further development.

The Board denied the veteran's claim for service connection for a low back disorder, finding that the evidence did not support an earlier effective date than January 12, 2000.

The Board is unable to determine the outcome of the appeal as it involves both service connection and a claim for new and material evidence. The veteran's back disorder claim remains pending, but there are also issues regarding whether new and material evidence has been submitted to reopen this previously denied claim.

The Board denied an increased rating for the veteran's L2-L3 fracture of the lumbosacral spine, finding no clear and unmistakable error in the July 1998 decision.

The Board found that the veteran's current low back disorder is not causally related to his active service, including treatment for low back problems during service. As a result, the claim of service connection for a low back disorder was denied.

The Board has determined that the veteran does not have diagnosed conditions for which service connection can be granted, including cold injury residuals of the hands and feet, a back disorder, an ankle disorder, headaches, or a skin disorder. The claims are denied.

The Board determined that the veteran does not meet the criteria for special monthly pension based on need for regular aid and attendance or due to housebound status.

The Board found that the evidence submitted since the January 1991 rating decision is not new and material, thus denying the petitions to reopen claims of service connection for a back disorder, left arm and elbow disorder, and bipolar disorder.

The Board denied a total disability compensation rating based on individual unemployability (TDIU) due to the veteran's service-connected lumbar spine disability, and did not find clear and unmistakable error in this decision.

The Board has denied the veteran's claims for service connection for low back and right shoulder disabilities, finding no evidence of such conditions in service or related to military service.

The Board found no evidence of a current low back disorder or L5-S1 nerve root irritation that is related to service, and thus denied the veteran's claim for service connection.

The Board has denied the veteran's claims for service connection for left knee, right elbow, and back disorders. The evidence does not support a finding that these conditions are related to military service.

The Board has ordered a new VA examination to determine if the appellant has a low back disability related to his military service or to his service-connected chronic strained abdominal muscle. The case will be returned for further consideration.

The veteran's low back syndrome, with degenerative arthritis and disc disease, is currently rated at 40 percent. The rating for left elbow bursitis remains noncompensable.

The Board has granted service connection for cervical, thoracic, and lumbar spine disabilities due to in-service injuries. The veteran's current level of disability is not yet established.

The Board has remanded the case due to a need for compliance with the Veterans Claims Assistance Act of 2000 and other VCAA requirements. The veteran's claim for service connection for a back disorder will be reconsidered after these additional actions.

The veteran's claims for increased evaluations for his service-connected lumbar strain with degenerative disc disease are being remanded to the RO for further development and consideration under the new rating criteria.

The Board denied service connection for various conditions, including a lumbar spine disability and cervical spine disability. The veteran's low back issues were found to be congenital or developmental defects not related to service. His cervical spine issue was also deemed unrelated to service. Residuals of his fractured mandible and nose were determined to have no direct link to service. Service connection for gastrointestinal and skin disorders was denied as well.