Back / lumbar spine decisions — 2004

The Board denied service connection for lumbosacral strain in May 2003, finding that the correct facts were not before them and that the statutory provisions were correctly applied.

The veteran's combined disability rating is 50%, which does not meet the criteria for a TDIU rating under VA regulations. The Board has determined that there are no circumstances outside the norm that would justify a total disability rating based on unemployability.

The Board has remanded the case for further development and examination, including obtaining medical records from service and determining if any diagnosed conditions are related to military service.

The Board found that the veteran's current low back disability was incurred during service, specifically due to a helicopter accident in 1953. The Board granted service connection for this condition.

The Board has reopened the veteran's claim and determined that new evidence supports a finding of service connection for his low back disorder. The condition is presumed to be related to an injury sustained during active duty.

The Board has granted the application to reopen the claim of entitlement to service connection for a low back disorder and remanded it for further evidentiary development.

The Board has remanded the case due to new evidence submitted by the veteran and additional development is required.

The Board has denied the veteran's claims for service connection for various conditions, including PTSD, stomach disorder, low back disorder, bilateral hearing loss, tinnitus, and cellulitis and tinea barbae. The reasons are that these conditions were not incurred or aggravated by active military service.

The Board has remanded the case for further development, including obtaining additional medical evidence and arranging for VA examinations to assess the veteran's low back disorder and bilateral knee disability.

The Board finds that the VA has not fulfilled its duty to notify and assist in this case, particularly regarding the issues on appeal. The veteran's service medical records are missing, and there is a need for further examination and development of evidence related to his low back disorder.

The veteran's claim for pension benefits was received on April 16, 2001. The effective date for the grant of a permanent and total disability rating for pension purposes is set at April 16, 2001, the date of receipt of his claim.

The Board has remanded the case for further development to confirm any period of inactive duty training in July 1989 and obtain missing service medical records, as well as treatment records from private doctors. The appellant's claim for service connection for a low back disability will be reconsidered after these actions.

The veteran's appeal is being remanded to the RO for a hearing before a member or members of the Board. The veteran has requested this hearing, but no such hearing has been held.

The Board has determined that the veteran's lumbar and cervical spine disabilities are not related to service, as there is no evidence of a chronic condition in service or continuity of symptomatology since service. The veteran's current conditions are attributed to post-service work-related injuries.

The Board has found that new and material evidence has been received to reopen the appellant's claim for service connection for a back condition, which was previously denied in 1950. The appeal is granted on this basis.

The Board has determined that the veteran's COPD and acquired low back disorder are service-connected, with nicotine dependence during service being considered a significant factor.

The Board denied the veteran's claims for service connection for arteriosclerotic coronary artery disease and low back disorder, finding no legal entitlement to these benefits.

The Board found that the veteran's back disorder did not manifest to a compensable degree within one year of her discharge from service and was not related to her period of active service.

The Board denied service connection for head injury residuals (claimed as brain injury) and did not reopen the claim of back disability due to lack of new and material evidence.

The Board has remanded the case for further development due to failure of the veteran to report for a VA examination and other procedural issues.