Back / lumbar spine decisions — 2004

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

The Board has remanded the case for further development, including obtaining medical records and providing VCAA notice. The veteran's claim for an increased rating for his service-connected degenerative arthritis of the lumbosacral spine is being reviewed, as well as his intertwined claim for service connection for degenerative disc disease of the lumbosacral spine.

The Board has determined that there is no current evidence of a low back disability or numbness and tingling of both knees. The veteran's claims for these conditions are denied.

The Board finds that the veteran's chronic lumbosacral strain is manifested by marked limitation of forward flexion, warranting a 40 percent disability rating.

The veteran's appeals regarding the reduction of his osteomyelitis rating and the assignment of a higher disability rating for his low back disorder were denied. The claim for an earlier effective date for service connection for PTSD was also denied.

The Board has reopened the veteran's claims of service connection for low back and neck disabilities due to new and material evidence submitted since the March 1996 denial.

The Board has granted a higher disability rating of 40 percent for the veteran's service-connected degenerative disc disease, lumbar spine. The claimant is also entitled to a compensable disability rating (40 percent) for his osteomyelitis L4-5.

The Board has determined that the veteran's cause of death was due to aplastic anemia, which is service-connected. The appellant is also granted Dependents' Educational Assistance benefits under Chapter 35.

The Board has denied the veteran's claims for service connection for bilateral ankle disorder, right knee disorder, and bilateral hearing loss. The claim for a low back disability was not reopened due to lack of new and material evidence.

The veteran's asthma is rated at the highest possible evaluation of 100 percent due to his daily use of high dose corticosteroids and immuno-suppressive medications. Service connection for a chronic acquired low back disorder has been granted.

The Board has granted compensation under the provisions of 38 U.S.C.A. § 1151 for chronic thoracic and lumbosacral laminectomy residuals and arteriovenous malformation excision residuals including incomplete L4-L5 paraplegia as incurred as a result of VA surgical treatment.

The Board denied the veteran's claims for service connection and an increased rating, finding that a cervical spine disorder was not incurred in or aggravated by active service and that his low back disability is equivalent to moderate intervertebral disc syndrome with recurring attacks.

The Board has remanded the case for compliance with a previous remand order, requiring additional development and consideration of new evidence.

The Board denied the veteran's claims for an increased disability rating for his service-connected lumbar condition and denied his claim for service connection for bilateral hearing loss.

The Board has remanded the case due to the need for additional development and consideration of the claims, including obtaining medical records from private sources and information from the Social Security Administration.

The Board found that the veteran's service-connected disabilities do not render him unemployable, and thus denied his claim for a total disability rating based on individual unemployability.

The Board denied service connection for an ulcer disorder, headaches, and a knee disorder. The veteran's scarlet fever was not found to be related to her military service. Service connection for a back disorder was also denied.

The Board has determined that the veteran's current back disability, including chronic low back pain and intervertebral disc herniations, is at least as likely related to his service-connected lumbosacral strain injury in 1980. The Board granted service connection for residuals of a lumbosacral strain.

The veteran's claim for a certificate of eligibility for financial assistance in the purchase of an automobile and adaptive equipment or for adaptive equipment only was denied because he does not meet the criteria for such benefits due to his service-connected disabilities.

The veteran's appeal is being remanded for further examination and evaluation of his lumbosacral strain disability, including consideration of the revised rating criteria.