Back / lumbar spine decisions — 2004

The Board denied the veteran's claims for a rating in excess of 30 percent for chronic psychoneurotic anxiety reaction and service connection for a low back disorder. The claim for TDIU is deferred pending completion of development.

The Board has determined that the veteran's back disorder is not related to his service-connected left arm disabilities and thus denied service connection for a back disorder. The evaluations for the left radius fractures are also denied as they do not meet the criteria for increased ratings.

The Board found no evidence of a chronic upper back disability associated with service and denied the veteran's claim for service connection.

The Board has reopened the veteran's claim and granted service connection for a back disorder, finding that the evidence is so significant it must be considered in order to fairly decide the merits of the claim.

The veteran's appeal is being remanded for further development to comply with the Veterans Claims Assistance Act of 2000 (VCAA). This includes obtaining additional evidence, ensuring proper notification, and arranging for VA examinations.

The Board has decided to remand the veteran's claim for further development, including a VA examination and obtaining additional medical records.

The Board denied the veteran's request for additional VA vocational rehabilitation services due to his refusal to cooperate with a needs assessment, which prevented an informed determination regarding his reentrance into a rehabilitation program.

The Board has granted service connection for migraine headaches and chronic low back strain, finding that these conditions are attributable to service. The veteran's right knee disorder and asthma claims will be remanded for further development.

The Board found that the reduction in the rating for the veteran's mechanical low back pain with scoliosis from 10 percent to noncompensably (zero percent) disabling was proper based on clear medical evidence showing slight subjective symptoms and no objective findings of any abnormality.

The Board has granted the veteran's petition to reopen his claim for service connection for a low back disability, and he is now eligible to have his case reviewed on its merits.

The Board has remanded the case for additional development, including obtaining medical records and information from SSA.

The Board denied the veteran's claim for service connection of a low back disorder, finding that new and material evidence had not been submitted to reopen the previously denied claim.

The veteran's claims for initial evaluations of his service-connected disabilities were denied. The residuals of a fractured mandible do not warrant a compensable evaluation, the low back disorder is rated at 10 percent based on moderate intervertebral disc syndrome with recurring attacks, and both knee and ankle conditions are each rated at 10 percent.

The Board denied the veteran's claims of entitlement to an effective date earlier than June 4, 2001 for service connection and a rating in excess of 20 percent for lumbosacral strain.

The Board has determined that the veteran's low back and left hip disabilities were not incurred in or aggravated by active military service.

The Board denied the veteran's request to reopen his claim for service connection for a back disorder, finding that no new and material evidence had been received.

The veteran's application for an increased rating for a low back disability was denied by the RO. The case is being remanded to the RO due to failure to provide notice of revised criteria and incomplete development.

The Board denied the veteran's claims for non-service connected disability pension and service connection for a back disability due to lack of service requirements for pension eligibility and insufficient evidence linking the current back condition to service.

The Board found that the veteran's current low back disorder did not have its onset in service and could not be presumed to have been incurred due to military service. The claim for service connection was denied.

The RO denied the veteran's claims for increased rating for low back strain, service connection for residuals of a neck injury, and service connection for arthritis.