Back / lumbar spine decisions — 2004

The Board denied the veteran's claims for service connection for sterility, left knee injury, and spine disabilities. The denial of service connection was based on a presumption of herbicide exposure in Vietnam.

The Board has determined that new and material evidence has been received to reopen the claim for service connection for lumbosacral strain. The veteran's current condition is related to his service-connected knee disability, as indicated by a private physician.

The veteran's claim for service connection for a low back disability is being remanded due to incomplete VA medical records and the need for further examination.

The Board has determined that new and material evidence has been received to reopen the claim of service connection for a back disorder. The veteran's current medical records, including those from Dr. Skinner, indicate possible links between his current musculoskeletal complaints and his military experience in Vietnam. However, additional development is needed to determine if these conditions are causally related to his active service.

The Board has remanded the veteran's claims for service connection due to incomplete records and a need for additional development, including obtaining medical records and conducting examinations.

The VA has determined that the veteran is individually unemployable due to service-connected lumbosacral strain with degenerative disc disease and right foot drop, and granted a total disability rating based on individual unemployability.

The Board found that the veteran's current low back disorder did not develop during service and is not related to any incident in service. The arthritis of the spine was also not shown within a year after separation from service, and therefore cannot be presumed to have been incurred in service.

The veteran's claim for an increased evaluation for his service-connected low back strain is being remanded due to the need for a more recent VA examination and additional development of medical records.

The veteran's claim of entitlement to service connection for a low back disorder is being remanded due to the need for additional development, including obtaining medical records and arranging for an examination.

The Board found that the veteran's low back disorder and hypertension were not incurred or aggravated by service, and thus denied both claims.

The Board denied the veteran's claims for service connection for hysterectomy, degenerative joint disease of the lumbosacral spine, and left leg and left knee disability. The Board found that the veteran did not have a hysterectomy attributable to her military service.

The Board has determined that the veteran's back disorder is proximately due to, the result of, or aggravated by his service-connected left ankle fracture. The criteria for an evaluation in excess of 20 percent for residuals of a fracture of the left ankle have not been met.

The Board denied the veteran's claims of service connection for urethritis, spondylolysis of the lumbar spine, a disability manifested by fatigue with nausea and vomiting as secondary to Reiter's syndrome, a seizure disorder as secondary to Reiter's syndrome, and fibromyalgia. The appeals were all denied due to lack of current medical diagnoses or evidence linking these conditions to service-connected disabilities.

The Board has determined that the veteran's current low back disability, including arthralgia and limited lumbar spine motion, is a residual of an injury sustained during service. The claim for service connection is granted.

The Board finds that the veteran's low back disorder, memory loss, bilateral hearing loss, and tinnitus are not service-connected due to lack of evidence showing a direct relationship between these conditions and his military service.

The veteran's appeal is being remanded due to the need for additional examination and review of his medical records.

The Board found that the veteran's current low back disability is not caused or made worse by his service-connected right ankle fracture residuals.

The Board denied the veteran's claims for service connection for a low back disability and for an increased rating for left ear hearing loss.

The Board has granted a 40 percent rating for the service-connected right ankle disability, and continues to deny any increase in rating for arthritis of the lumbar spine and sacroiliac joint.

The veteran's lumbosacral strain with a fracture at L1 is rated as 30 percent disabling, and his right shoulder injury is rated as 10 percent disabling. The RO must remand the case for further development to obtain medical records and ensure compliance with VCAA requirements.