Back / lumbar spine decisions — 2004

The veteran's appeal is being remanded for further development and consideration of his claims, including the submission of additional evidence and a VA examination.

The veteran is seeking service connection for a back disability, which he claims was caused by an injury sustained during active duty. The RO has requested additional medical evidence to determine if the current condition is related to his military service.

The Board found that the veteran's low back disability, including low back strain and degenerative changes in the lumbar spine, was not incurred in active service. The medical evidence supports a conclusion that these conditions are more likely related to post-service injuries than to his time in service.

The Board has granted reopening of the claim for service connection for a low back disability due to new and material evidence. Service connection for a right hallux valgus deformity with bunion is established based on clear and unmistakable error in the July 1989 rating action.

The Board has determined that the veteran's current degenerative lumbosacral disease is likely caused by his service-connected left knee disability, and thus grants service connection for this condition.

The Board has remanded the case for a Travel Board hearing to address the veteran's claims of service connection for low back disability and right abdominal mass.

The Board denied the veteran's claims for service connection for a pilonidal cyst and to reopen his claim of entitlement to service connection for a low back disorder. The examiner was requested to provide an opinion regarding whether any current pilonidal cyst is related to active service.

The Board found that the veteran's service-connected low back strain does not warrant a higher rating under the schedular criteria, as it did not meet the requirements for ankylosis or fracture residuals with a neck brace. The evidence indicated that much of the pain was attributable to non-service-connected conditions such as peripheral vascular disease and a compression fracture.

The veteran's low back strain resulted in severe limitation of motion, warranting a 40 percent rating from April 21, 2003. Prior to that date, the disability was rated at 10 percent.

The Board has ordered additional development due to incomplete evidence and the need for verification of stressors. The veteran's claims for PTSD and a back disorder will be reconsidered after all necessary steps are taken.

The Board has reopened the claim of service connection for cerebral palsy and found new and material evidence. The issue of service connection for cervical and lumbar degenerative disc disease with spondylosis and neuropathy will be addressed in a separate remand.

The Board has determined that new and material evidence has been submitted to reopen the veteran's claim of service connection for a back condition.

The veteran's claims for increased rating and service connection are being remanded due to the need for additional VA treatment records.

The Board denied service connection for a low back disorder with pain and numbness down both legs, as well as right foot disorder. The veteran's metatarsalgia of the left foot with osteotomy was rated at 10 percent disabling.,For Candida, the claim was granted but not increased to a higher rating before August 30, 2002. After that date, no increase in evaluation was granted.

The Board found the veteran not eligible for educational benefits under the VEAP due to his failure to make contributions. The veteran was also denied vocational rehabilitation services as he did not qualify as having an employment handicap.

The veteran's appeal is being remanded for additional development, including VA examinations to determine the nature and etiology of his low back disability and hepatitis C.

The veteran's appeal is remanded to the RO for further development and readjudication, including consideration of newly enacted rating criteria.

The Board has remanded the case for further development, including obtaining additional medical records and scheduling a VA examination to clarify the nature and etiology of the veteran's claimed back disability.

The Board has decided to remand the case due to the need for additional medical records and an opinion regarding the etiology of the veteran's low back disability.

The Board has vacated and remanded the case due to procedural defects in notification under the VCAA. The veteran's claim for service connection for a back disorder is now pending with the RO.