Back / lumbar spine decisions — 2004

The veteran's claims for increased ratings are being remanded to the RO for additional examinations and development of evidence.

The Board denied the veteran's claim for service connection for the cause of his death and eligibility for Dependents' Educational Assistance under Chapter 35, finding that there was no evidence linking his fatal brain cancer to military service or any presumptive conditions.

The veteran's claims for service connection for residuals of pneumonia, bronchitis, degenerative disc disease of the lumbar spine, generalized degenerative joint disease, and cervical spine disability were denied. The veteran's claim for service connection for psychiatric disability was also denied as secondary to back disability.,The veteran withdrew his appeal on the issues of entitlement to service connection for residuals of pneumonia and bronchitis prior to a decision being made.

The Board has determined that the veteran's back disability warrants a 60 percent evaluation, but no more, based on pronounced intervertebral disc syndrome. The mood disorder with depression does not warrant an increased rating. With resolution of reasonable doubt in his favor, the veteran is found to be unemployable due to service-connected disabilities.

The Board has found that new and material evidence has been submitted to reopen the veteran's claim for service connection for a low back disorder, which was previously denied in October 1991. The decision is granted.

The Board found no evidence of a current back disability incurred in service, and denied the veteran's claim for service connection.

The veteran's claim for compensation under the provisions of 38 U.S.C.A. § 1151 was denied because there is no additional disability attributable to VA treatment during May to June 1973.

The Board denied reopening of the claim for service connection for a back disability due to lack of new and material evidence.

The Board has reopened the veteran's claims for service connection for a back condition, gastrointestinal disability (including peptic ulcer disease and irritable colon syndrome), and an acquired psychiatric disorder. However, the decision is mixed as some issues were granted while others were denied.

The Board has determined that the veteran's back, respiratory, and cardiac disabilities were not incurred or aggravated by service. The hypertension was also not related to service.

The veteran's claim for service connection for musculoskeletal disability, including as a qualifying chronic disability due to service in the Persian Gulf War, is being remanded for further development and consideration.

The veteran's claim for an increased rating for his service-connected low back strain was denied as he failed to report for scheduled VA examinations without good cause.

The Board has granted service connection for residuals of frostbite, including peripheral neuropathy, cold sensitization, arthritis, circulatory problems, fungal infection, and chronic night pain; a low back disorder; a left knee disorder; a left hip disorder; and a left hand disorder. The claim for skin cancer was denied.

The Board has decided to remand the case due to incomplete medical records and the need for a VA examination.

The Board has denied the veteran's claim for service connection for herniated discs of the lumbar spine, finding that there is no evidence of a chronic disease in service or within one year after discharge. The current back disorder is more likely than not due to normal aging and arthritis.

The Board denied service connection for left elbow epicondylitis, right elbow epicondylitis, low back disorder, right hip disability, right ankle disability, and right foot disability. The reasons were that these conditions were not incurred or related to service.

The Board has determined that the veteran does not have residuals of a left knee injury, a low back disability, or bilateral pes planus. The claims are denied.

The Board has decided to remand the case for further development, including obtaining medical records and employment information.

The Board denied the veteran's claims of service connection for back disability, residuals of head injury, and psychiatric disability. The Board found no evidence linking these conditions to his military service.

The veteran's service-connected lumbosacral strain with degenerative joint and disc diseases is currently rated at 40 percent, the highest available rating for severe limitation of motion.