Back / lumbar spine decisions — 2004

The Board has remanded the case for further development and consideration.

The Board found no evidence of a low back injury during service and concluded that the current low back disability is not related to service. The claim for service connection was denied.

The veteran's claim for an increased rating for his service-connected lumbosacral spine disorder is being remanded due to procedural issues and the need for further development, including obtaining treatment records from Dr. Oppy and scheduling a VA orthopedic examination.

The Board denied the veteran's claim for an earlier effective date for service connection of his left shoulder disability, finding that the earliest possible effective date is July 26, 2001. The Board also deferred consideration of the issue regarding a low back disorder pending additional development.

The Board has denied the veteran's claims for service connection for bilateral pes planus with tarsal arthritis and a back disorder due to lack of evidence supporting these claims.

The Board has remanded the issues of service connection for hayfever/allergies and residuals of a low back injury to the RO for further development. The issue of whether new and material evidence has been received to reopen the claim of service connection for residuals of a low back injury is also being addressed.

The Board has determined that the veteran's current diagnosed conditions, including arthritis of multiple joints, are related to his service-connected shrapnel wounds and thus grants service connection for these disabilities.

The veteran's claim for an effective date prior to November 30, 2000 for the award of service connection for recurrent lumbar strain is being remanded due to VCAA compliance issues.

The Board has determined that the veteran's current back condition is service-connected, as it was caused by a fall on his back due to an unstable right knee disability.