Back / lumbar spine decisions — 2004

The Board found that the appellant's low back disorder was not incurred in or aggravated by service, and is not proximately due to a service-connected disability. The evidence did not show that his current low back disability had its onset during service or within one year of separation.

The VA granted service connection and a 10 percent disability rating for degenerative joint disease of the lumbar spine, but denied an increased rating beyond this level.

The Board has reopened the veteran's claim for service connection due to new evidence showing a back injury during his second period of active duty. The Board finds that this condition is related to his military service.

The Board has denied the appellant's claim for service connection for a back condition, finding that there is no evidence of an in-service injury or disease and insufficient medical evidence to establish a causal connection between any current disability and military service.

The Board has determined that it is at least as likely as not that the veteran's current low back disorder, which was aggravated by a service-connected shrapnel wound in his right lumbar area during World War II, qualifies for service connection.

The veteran's appeal is remanded for further development, including obtaining medical records and arranging for VA examinations to assess the severity of his service-connected lumbosacral strain with degenerative disc disease. The RO should also consider all pertinent diagnostic codes under the VA Schedule for Rating Disabilities in 38 C.F.R. Part 4.

The Board has determined that the veteran's low back disorder is proximately due to his service-connected left knee disability, and thus grants service connection for this condition.

The Board denied the veteran's claims for service connection for PTSD, a back disorder, a bilateral knee disorder, and a bilateral foot disorder. The conditions were found to not be incurred in or aggravated by active service.

The veteran's appeal is being remanded due to the need for additional development of evidence, including clarification of his military service dates and further examination of his claims.

The Board denied the veteran's claim for service connection for a back disorder, finding that there was no evidence linking his current condition to his active duty service.

The Board has determined that the evidence submitted since the November 1977 denial does not meet the regulatory standard of being so significant that it must be considered in order to fairly decide the merits of the claim for service connection for residuals of a right-sided injury, claimed as a back disorder. As such, the petition to reopen the claim is denied.

The Board denied payment of attorney fees from past-due benefits as the EAJA fees exceeded the amount payable under the attorney fee agreement.

The Board has remanded the case to allow for additional development and consideration of the veteran's claim for an increased rating for his service-connected cervical spine disability.

The Board has remanded the veteran's claims for increased ratings for chronic left knee tendinitis and chronic lumbar syndrome due to inadequate consideration of relevant regulations and additional development is required.

The Board has remanded the case for further development due to questions regarding the nature and etiology of the veteran's claimed back disability, as well as the current severity of his service-connected right wrist and left ankle disabilities. The veteran is also being asked to provide any private medical records that may be relevant.

The Board denied the veteran's claim for service connection for degenerative disc disease (DDD) of the lumbar spine, finding that there was no evidence linking his current condition to service.

The Board has determined that the current evaluation of the veteran's right knee laxity is not before it at this time and will be addressed separately. The appeal involves claims for secondary service connection for a low back disability, an increased rating for early degenerative arthritis of the right knee, and individual unemployability due to service-connected disabilities.

The veteran's claim for a total disability rating based on individual unemployability (TDIU) is being remanded due to the need for additional medical examination and records.

The veteran's service medical records are missing, and the Board is remanding the case to obtain these records. The RO should also seek additional medical opinions regarding a possible connection between the veteran's current back disorder and his military service.

The Board has remanded the case due to VCAA notification issues and additional development is required.