Back / lumbar spine decisions — 2004

The veteran's claims for service connection for an eye disorder and compensable evaluation for scars of the left eyebrow and chin prior to August 30, 2002 were denied. The claim for a rating in excess of 10 percent for scars after August 30, 2002 was also denied.

The veteran's appeal has been withdrawn by his representative prior to the Board making a decision.

The Board has remanded the case for additional development due to incomplete records and unclear opinions.

The Board denied the veteran's claims for service connection for tinnitus, a low back disability, and an upper back disability due to lack of competent medical evidence linking these conditions to his military service.

The Board has remanded the case for further development due to changes in VA rating criteria and incomplete medical records.

The Board denied service connection for a back disorder and fibromyalgia (formerly classified as myasthenia gravis) due to lack of evidence linking these conditions to service.

The Board found that the veteran's low back disorder was not incurred in or aggravated by his first period of active duty service. The claim for an initial compensable disability rating for residuals of cellulitis of the fifth metacarpophalangeal joint of the right hand was denied as the schedular criteria were not met.

The veteran's claims for service connection for various conditions, including bilateral hearing loss, chloracne, prostate cancer, benign prostatic hyperplasia, an acquired psychiatric disorder (including anxiety), sinusitis, cervical spine myositis, and lumbar spine myositis were denied as there is no evidence of current disability or in-service exposure to herbicide agents.

The Board denied the veteran's claims of service connection for a back disorder and an increased initial rating for infectious hepatitis type A. The evidence did not show a nexus between the claimed disorders and active service, and the current medical evidence did not meet the criteria for higher ratings under the applicable VA rating schedule.

The Board has decided that the veteran's claim of entitlement to service connection for a back disorder should be remanded due to incomplete records and further investigation is needed.

The veteran's appeal is being remanded due to deficiencies in VCAA notice and the need for additional development, including obtaining medical records and scheduling a VA examination.

The Board has remanded the case for further development due to incomplete hearing transcript and other procedural issues.

The Board has ordered a VA examination to determine the etiology of any current back condition and whether it is related to active service. The veteran's service records show he had complaints of low back pain during service, but no evidence of pre-existing conditions or clear and unmistakable aggravation.

The Board found no current low back disability related to service and denied the veteran's claim for service connection.

The veteran's cervical spine disability, characterized as degenerative disc disease with herniated nucleus pulposus, has been granted an increased evaluation to 30 percent effective September 26, 2003. The issue of service connection for bilateral hearing loss remains unresolved.

The Board denied the veteran's claims for higher disability ratings for his lumbar strain and right shoulder tendonitis, finding that the evidence did not support a rating in excess of 20 percent for either condition.

The Board has determined that the veteran's lumbosacral spine disability is proximately due to, or the result of, his service-connected wound to muscle group XIV in the right anterior thigh. The decision grants secondary service connection for this condition.

The veteran's service-connected lumbosacral spine disability, characterized as chronic degenerative disc disease, is currently rated at 20 percent and the Board has determined that this rating adequately reflects his current level of disability.

The veteran's claims for increased ratings for his service-connected thoracic spine muscle injury, lumbar spine nerve injury, and right shoulder muscle injury are being remanded due to the need for additional examinations and development of medical records.

The veteran's claim for a permanent and total disability rating for pension purposes is being remanded due to the need for additional medical evidence and examination.