Back / lumbar spine decisions — 2004

The Board has determined that the veteran's back disability and PTSD are related to service, warranting a grant of service connection for both conditions.

The Board has reopened the veteran's claim of service connection for a low back disorder, to include lumbosacral arthritis. The case is remanded for further development and examination.

The Board has determined that the veteran's cervical spine disorders do not warrant ratings in excess of 30% prior to December 29, 1997, and 40% prior to June 11, 2001. The effective date for the increased rating remains unresolved.

The Board has denied the veteran's claims for service connection for PTSD, pes planus, malaria, sinusitis, left inguinal hernia, residuals of a spider bite of the left groin, and back disability. The claim for right ear hearing loss is granted as incurred in service, but the issue remains pending with respect to compensable ratings.

The veteran's claims for service connection and increased evaluations were granted, with the exception of sinusitis. The RO also provided initial compensable ratings for migraines and left tibia osteochondroma.

The Board denied entitlement to an initial rating in excess of 10 percent for low back strain from October 28, 2001, to August 8, 2002, and denied a rating in excess of 20 percent for the period beginning August 9, 2002. The criteria for both ratings were not met based on the evidence provided.

The veteran's appeal is being remanded for further development, including obtaining medical records and scheduling VA examinations to determine the current severity of his service-connected residuals of a fracture of the right transverse process of the fourth lumbar vertebra. The case will be readjudicated based on the new rating criteria as well as the provisions of Diagnostic Code 5285 as previously in effect.

The Board denied the veteran's claim for an increased rating for his right knee traumatic arthritis, status-post total knee replacement, as his disability picture does not warrant a higher evaluation.

The Board has determined that the VA medical examination is inadequate for adjudication purposes and has ordered a new examination. The veteran's claim of entitlement to service connection for low back pain will be remanded for further development.

The Board found no evidence of a low back disability related to service and denied the veteran's claim for service connection. The left ankle disability issue is remanded due to procedural issues.

The Board has remanded the veteran's claims for service connection for cervical and lumbar spine disorders due to the need for additional development, including obtaining medical records and scheduling a VA examination.

The Board found that the veteran's current low back, left leg, hypertension, and diabetes mellitus disabilities did not originate during active service or within one year thereof, and are not otherwise related to service.

The veteran is seeking service connection for a low back condition, which he claims was incurred during his military service. He also contends that the current condition may be related to his service-connected right and left knee disorders. The Board has ordered additional development including scheduling a VA examination.

The Board has remanded the veteran's claims for service connection due to exposure to ionizing radiation, as they are not based on presumptive conditions under the VCAA or VA regulations.

The Board has decided to remand the case for further development due to the need for additional medical opinions and records.

The Board denied the veteran's claims for increased ratings for his right knee and lumbar spine disabilities, as well as service connection for a left knee disability, basic eligibility for non-service-connected disability pension benefits, and compensation under 38 U.S.C.A. § 1151 for a left shoulder disability.

The veteran's low back disability was not granted service connection, and his claim for a higher rating for hiatal hernia prior to June 22, 1992, and an evaluation in excess of 10 percent from that date is also denied.

The Board found no evidence of a chronic acquired low back disorder or neck disorder in service and denied the veteran's claims for service connection.

The Board found that the veteran does not have a chronic acquired low back disorder that was incurred in or aggravated by active service.

The veteran's appeal is remanded due to the need for a VA examination and consideration of revised rating criteria. The claims for increased ratings are also referred back to the RO.