Back / lumbar spine decisions — 2004

The Board found that the veteran's kidney disability was not incurred in or aggravated by his active duty service and denied his claim for service connection.

The Board has determined that the veteran's low back injury sustained during service is presumed to have resulted in chronic residuals, and thus grants service connection for a low back disorder.

The Board has granted the veteran's claim for service connection for residuals of a low back injury, finding that his current disability is related to an in-service injury.

The Board has reopened the veteran's claim for service connection for a back disorder and granted it, finding that there is sufficient evidence to support the claim based on in-service injuries.

The veteran is seeking an earlier effective date for a 40 percent rating for his service-connected degenerative disc disease (DDD) at L4-5 with conversion reaction. The Board has remanded the case due to procedural issues related to the Veterans Claims Assistance Act of 2000.

The Board has determined that new and material evidence has been received to reopen the veteran's claims for PTSD, but not for a back disorder or psychiatric disorder. The gastrointestinal and skin disorders are not service-connected due to lack of evidence.

The Board denied the veteran's claims for earlier effective dates for his lumbar and thoracic spine disabilities, finding that the evidence did not support an increase in disability prior to the dates assigned.,For the thoracic spine disability, the Board found that entitlement arose on October 4, 1984, but no earlier, warranting a 40% evaluation effective from that date.

The Board found that the veteran's current low back disorder was not incurred or aggravated during his active service and denied his claim for service connection.

The veteran's service-connected degenerative disc disease L4-5, bulging annulus with deformity of the ventral thecal sac is rated at 40 percent disabling. The other issues on appeal are also granted.

The veteran is seeking an increased rating for his service-connected lumbosacral disc disease, currently rated at 10 percent. The Board has remanded the case to allow for further development and consideration of the claim.

The Board is remanding the case for further development due to procedural errors in notification and assistance under the VCAA.

The veteran's appeal for increased ratings was denied, with the exception of a grant of service connection and a 10% rating for bilateral degenerative arthritis of the knees. The other conditions were not granted increased ratings.

The Board found that the veteran's current chronic low back disability was not incurred in or aggravated by his active duty service.

The veteran's claim for an earlier effective date for a 40% evaluation of his service-connected low back disorder was denied as the earliest ascertainable date of increased disability was June 20, 2000.

The veteran's service-connected back disability requires regular aid and attendance, meeting the criteria for special monthly compensation based on need for aid and attendance.

The veteran is seeking service connection for degenerative joint disease of the lumbar spine and right hip, which he claims is secondary to his service-connected arthritis of the right knee. The case must be remanded for additional development including obtaining medical records and arranging for a VA examination.

The Board has remanded the case due to procedural issues and the need for additional development, including obtaining medical records and employment information.

The Board has remanded the veteran's claims for increased ratings for lumbosacral strain and PTSD due to incomplete development of records, including Social Security Administration (SSA) records and VA examination reports. The RO is instructed to obtain these records and ensure compliance with all notification requirements under the Veterans Claims Assistance Act of 2000.

The Board has determined that the veteran's current low back disability is related to his service, and thus grants service connection for this condition.

The Board has ordered the case to be remanded for additional development and consideration of whether new and material evidence has been submitted to reopen a claim of entitlement to service connection for low back disability.