Back / lumbar spine decisions — 2004

The Board has determined that the veteran's chronic acquired variously diagnosed cervical spine disorder was incurred in active service, and thus granted her claim for service connection.

The veteran's service-connected lumbar muscle spasm is rated at 40 percent, but the Board finds that this rating adequately reflects his disability. The TDIU claim was also denied as his service-connected disabilities do not preclude him from obtaining and retaining all forms of substantially gainful employment.

The Board has denied the veteran's claims for service connection for a low back disorder and an increased evaluation for hypertension. The Board found no evidence of a chronic low back disability in service or within one year post-service, and thus could not associate any current low back problems with his military service.

The veteran's claims for service connection for asthma, low back condition, gynecological disorder, and PTSD have been granted. The evaluation for the service-connected patellofemoral syndrome of each knee has also been increased to 10 percent from July 9, 1995 to April 20, 2000.

The Board found no evidence to support the veteran's claims of service connection for a back disorder, skin disorder of the hands and feet, or neck disorder. The preponderance of the evidence did not link these conditions to his military service.

The Board has granted service connection for post-operative lumbar spine degenerative disc disease with laminectomy residuals, finding that the veteran's current condition is related to his inservice trauma. The issues of service connection for chronic hearing loss disability, a chronic shoulder disorder, and a chronic hip disorder are remanded for further development.

The Board has granted a disability rating of 40 percent for the veteran's service-connected chronic low back pain, which is the maximum schedular evaluation available under Diagnostic Code 5295.

The Board found no evidence to support the veteran's claim of service connection for his back disability, as there was no competent medical evidence linking his current condition to his military service.

The veteran's appeal is being remanded for additional development, including obtaining medical records and arranging for a VA psychiatric examination.

The Board denied the appellant's claims for service connection for a back disability and an initial rating greater than 0 percent for basal cell carcinoma excision, upper chest. The appellant was not shown to have a current disability within the meaning of the law.

The Board denied the veteran's claims of service connection for residuals of a low back injury and left hip disability, finding no evidence linking these conditions to his military service.

The veteran is seeking service connection for degenerative joint disease of the lumbar spine. The Board finds there is a further duty to assist the veteran with his claim and remands it for obtaining relevant medical records.

The Board finds that the appellant's currently diagnosed respiratory disorder, back disability, and degenerative joint disease of the cervical spine are not related to his military service.

The veteran's low back disorder, characterized as traumatic arthritis, lumbar spine with history of lumbosacral pain, was evaluated at a 40 percent rating effective March 2003. The RO found that the disability did not warrant an evaluation in excess of this level.

The Board has remanded the case for additional development, including obtaining medical records and scheduling VA examinations to determine the current status of the veteran's right knee and back disabilities.

The Board has received notification from the appellant that he wishes to withdraw his appeal. As a result, the appeal is dismissed.

The Board has ordered additional development due to incomplete records and the need for further examination of the veteran's PTSD. The claim will be reconsidered after these steps are completed.

The Board denied the veteran's claims for an effective date prior to August 29, 1990 for service connection of PTSD and TDIU based on his service-connected conditions. The veteran appealed these decisions.

The Board found no evidence of a current low back disability and denied the veteran's claim for service connection.

The VA surgery in April 1998 did not result in additional lower back disability, and the veteran's current condition is attributed to his pre-existing degenerative disc disease.