Back / lumbar spine decisions — 2004

The veteran's appeal is being remanded for additional development to ensure compliance with the Veterans Claims Assistance Act of 2000 and proper consideration of both former and revised criteria for rating spine disabilities.

The Board has remanded the case due to a lack of records from a VA doctor who treated the veteran for his back disability. The RO is instructed to obtain these records and re-adjudicate the issue.

The Board denied the veteran's claims for restoration of a higher evaluation for his right knee and service connection for left knee and low back disorders, finding that there was no evidence of current disabilities or a relationship to service.

The Board denied the veteran's claim for service connection for a lumbar spine disorder, finding no competent medical evidence linking his current condition to service or a service-connected disability.

The Board denied the veteran's claims for an effective date prior to September 27, 2001 for a total rating due to unemployability caused by service-connected disabilities and whether the representative's communication constituted a valid Notice of Disagreement. The veteran was granted a TR with an effective date of September 27, 2001.

The Board has denied service connection for a back disorder and remanded the issue of entitlement to an initial rating greater than 10 percent for bilateral tinnitus. The claim of service connection for PTSD is also remanded due to inadequate attempts at stressor verification.

The Board found that the appellant's back disability existed prior to service and was not aggravated by service, thus denying his claim for service connection.

The Board has remanded the case for further development, including obtaining medical records and scheduling a VA examination to assess the current severity of the service-connected conditions. The veteran's claims will be readjudicated based on the new evidence and regulations.

The RO denied the veteran's claims for service connection for various conditions, including PTSD, a low disability (likely referring to low back disability), hearing loss, lung disease (including asthma), urethral stricture, migraine headaches, arthritis of the left shoulder, bilateral knee disorder, and sinusitis. The denial is final as it was made in August 2001.

The veteran's claims for service connection for bilateral hearing loss disability and tinnitus were denied. The Board found that the evidence did not establish a current disability or link to service, respectively. Service connection was also denied for degenerative disc disease of the lumbar spine as there was no evidence of aggravation of a pre-existing condition.

The Board has found that new and material evidence has been submitted to reopen claims for service connection for degenerative changes of the lumbar spine (low back pain) and right ear hearing loss. The merits of these claims are not addressed in this decision.

The Board has granted service connection for a lumbosacral disability and assigned an initial evaluation of 10 percent.

The veteran's claims for service connection for various conditions have been denied as there is no evidence to support the presence of these conditions during his active military service.

The Board has determined that the veteran's degenerative joint disease of the lumbosacral spine warrants a 20 percent rating since May 25, 2002.

The Board found that the veteran's bilateral hearing loss and tinnitus were related to his service, specifically noise exposure. The upper back disability was not diagnosed, and panic disorder was initially manifested during service.

The veteran's claims for increased ratings for his service-connected pes planus and degenerative joint disease of the lumbar spine were denied. The RO found that the current evaluations adequately compensated for the veteran's disabilities.

The Board found that a service-connected disability contributed to the cause of the veteran's death, and granted service connection for the cause of the veteran's death.

The Board has remanded the case for further development and consideration, including obtaining updated VA clinical records, Social Security Administration (SSA) records, and vocational rehabilitation program information. The veteran's low back problems are being evaluated by a VA orthopedic specialist to determine their impact on his ability to work.

The Board denied the veteran's petition to reopen his claim for service connection for a low back disability, finding no new and material evidence had been submitted.

The veteran's claims for service connection for lung and back disorders are being remanded due to missing service medical records, the need to reconstruct these records, and the need to obtain Social Security Administration disability benefits records.