Back / lumbar spine decisions — 2004

The Board denied the veteran's claims for service connection for a low back disability and an initial rating in excess of 10 percent for tinnitus. The veteran was awarded a 10 percent rating for tinnitus effective from June 10, 1999.

The veteran's sinusitis with headaches and bilateral plantar fasciitis are service-connected, while his low back disorder is not. The veteran's bilateral plantar fasciitis is rated at 10 percent.

The veteran's appeal is remanded for additional development, including obtaining medical records and scheduling an examination to determine the relationship between his back disorder and service-connected bilateral knee disabilities.

The Board found that the veteran's DJD of the lumbar spine was not incurred during active military service nor may it be presumed to have been incurred in active service. The claim for right and left leg disorders is denied as there is no new and material evidence received.

The veteran's claims for hearing loss, tinnitus, and a back condition are being remanded to the RO for additional development.

The Board has remanded the case for further development of the veteran's exposure to asbestos and his employment history, as well as for a VA examination to determine the nature and etiology of his back disorder and lung cancer.

The Board found that the veteran did file a timely Substantive Appeal for his low back disability claim, which was denied in July 2000. The appeal is granted to this extent.

The Board denied the veteran's claim for service connection due to lack of new and material evidence, concluding that there was no established link between his current back disorder and service.

The veteran's appeal is being remanded for additional development of his claims, including obtaining medical records and seeking opinions from specialists regarding the etiology of his back disorder and ulcerative colitis. The secondary service connection claim for a back disorder as related to service-connected hemorrhoids will also be addressed.

The Board has determined that the veteran's service-connected low back disability, manifested by degenerative arthritis of the lumbosacral spine with history of laminotomy, L4-L5, warrants a 10 percent rating since the effective date of service connection.

The Board has denied the veteran's claims for service connection for bilateral knee disabilities and low back disability, finding no evidence of a current disability or any superimposed chronic condition during service.

The Board denied the veteran's claims for service connection for a low back disability, left ear hearing loss, and essential hypertension. The decision also noted that the claim for reopening of a claim of service connection for irritable bowel syndrome (IBS) was not before the Board.

The veteran's appeal is being remanded for additional development, including obtaining SSA records and VA treatment records, scheduling a VA examination to assess the severity of his service-connected lumbar spine disability, and considering all evidence in light of the new rating criteria.

The Board denied the veteran's claims for service connection for bilateral hearing loss, tinnitus, and a low back disability. The claim to reopen the low back disability was also denied due to lack of new and material evidence. The ratings for his right knee, left knee arthrotomy, and degenerative joint disease of the left knee were confirmed and continued at 10 percent each. His rating for residuals of a right wrist injury remains at zero percent.

The Board has remanded the veteran's claims for increased ratings due to insufficient evidence and need for further examination.

The Board has reopened the veteran's claim for service connection for a low back disability due to new and material evidence. The issue of entitlement to service connection for a cardiovascular disorder, other than hypertension, remains pending.

The Board denied entitlement to service connection for arthritis of the dorsal spine, finding that new and material evidence had not been submitted. The veteran appealed this decision.

The Board has remanded the case for additional development due to incomplete medical records and a need for further examination.

The veteran is seeking service connection for residuals of a low back injury. The RO should make additional efforts to obtain the records, including inpatient and outpatient medical records from Balboa Naval Hospital and any employment medical records.

The Board of Veterans' Appeals has denied the appellant's claim for service connection for chronic low back pain with bilateral sciatica. The evidence did not establish a link between his active military service and his current disability.