Back / lumbar spine decisions — 2004

The Board has determined that the veteran's current low back disability and depression are not related to service. The claim for a low back disability is denied, while the claim to reopen the depression claim remains denied as no new and material evidence was received.

The veteran's claim for an increased rating for his service-connected lumbar spine injury with degenerative arthritis and osteophytosis is being remanded due to the need for additional examinations, development of evidence regarding intervertebral disc syndrome, and consideration of extra-schedular or total disability ratings.

The veteran's claim for a certificate of eligibility for assistance in acquiring an automobile or other conveyance with special adaptive equipment, or for special adaptive equipment only is remanded due to the need for further examination and additional evidence.

The Board has remanded the case for additional development, including obtaining private medical records and scheduling a VA examination. The appellant's claim for an increased disability rating for his lumbosacral strain with degenerative arthritis will be reconsidered after all requested actions are completed.

The Board has granted a total disability rating based on individual unemployability due to service-connected back disorder, effective from August 2, 2001. The veteran's claim was not previously adjudicated as he did not receive an application form following his informal claim in June 1993.

The Board has decided to remand the case for further development and examination, including obtaining medical records and scheduling a VA examination.

The Board denied the veteran's claims for service connection for residuals of recurrent dislocation of the left patella, pulmonary tuberculosis, post-traumatic stress disorder (PTSD), a low back disorder, visual problems, and a disease or disorder affecting general health. The claim for bilateral hearing loss was not addressed in this decision.

The Board denied the appellant's request to reopen his claim for service connection for a back condition due to lack of new and material evidence.

The veteran's appeal is being remanded for additional development, including obtaining medical records and providing the veteran with proper notice of her rights under the Veterans Claims Assistance Act of 2000.

The veteran's appeal is being remanded for further development, including a VA spine examination and consideration of the revised rating criteria.

The Board denied the veteran's claims for increased evaluations and service connection for various disabilities, finding that there was no legal entitlement to secondary service connection for headaches.

The Board has reopened the veteran's claim of entitlement to service connection for a right shoulder disorder and granted service connection for several other disorders, including hearing loss, tinnitus, pneumothorax residuals, abdomen disorder, penis numbness, and skin disorder (chloracne).

The Board has determined that the veteran's current arthritis of the lumbar spine and right knee are related to his service-connected left leg disability, granting service connection for these conditions.

The Board has granted service connection for degenerative disc disease of the cervical spine and low back disorder, finding that these conditions are related to service. The claim for reopening a low back disorder was also granted.

The veteran's appeal is being remanded for further development of his claim, including obtaining Social Security Administration records and treatment records from specific physicians.

The Board has determined that the veteran's degenerative joint disease of the low back and hips are related to service, granting these claims. The separate rating for arthritis as a residual of a right hand crush injury is also granted.

The Board has granted a 40 percent rating for the veteran's service-connected low back disability, which includes lumbosacral strain and degenerative disc disease. The condition is rated based on its current manifestations without considering any presumptive exposure or other theories of service connection.

The Board found that the veteran did not incur any permanent injury to his neck, low back, or left knee during service and has no evidence of chronic disability related to these conditions. The current disabilities are attributed to post-service motor vehicle accidents.

The Board found no competent evidence linking the veteran's current low back disorder to his service, and denied his claim for service connection.

The Board denied reopening the veteran's claims for service connection due to lack of new and material evidence. The current back disorder and bilateral pterygium were not shown during service, nor are they related to service.