Back / lumbar spine decisions — 2004

The veteran was found to be individually unemployable by reason of service-connected disabilities, effective from March 9, 1995.

The Board has determined that additional development of the medical evidence is necessary due to conflicting opinions regarding the veteran's lumbar spine disability.

The Board has remanded the case for additional development due to failure to comply with a previous remand order. The veteran's claim of service connection for post-operative residuals of lumbar diskectomy is being reviewed de novo.

The case is being remanded for further development to determine the dates of service and any related work-related injuries, as well as to obtain a VA examination to assess the relationship between current back and thigh problems and service.

The veteran's depressive reaction with PTSD and chronic thoracic-lumbar strain have been granted higher ratings, but not to the maximum allowed under VA regulations.

The veteran's service-connected thoraco-lumbar strain is currently rated at 40 percent, but the Board found that his condition did not warrant an evaluation in excess of this rating.

The Board has determined that the veteran's current cervical spine disability, including arthritis and degenerative disc disease, is not related to service. The evidence does not establish a nexus between any in-service injury or trauma and his current condition.

The Board has remanded the case for further development, including new VA examinations and consideration of the appropriate rating criteria.

The veteran's service-connected disabilities do not meet the criteria for a certificate of eligibility for assistance in acquiring specially adapted housing or necessary special home adaptations due to lack of evidence showing loss of use of one or both lower extremities.

The VA determined that the veteran's back disability was not incurred or aggravated by his military service.

The veteran's diabetes mellitus, type II, is granted as incurred in service. The claims for hearing loss and tinnitus are reopened due to new evidence received since the previous denial. The claims for residuals of low back injury, neck injury, bilateral leg disability, knee disability, and foot disabilities remain denied.

The Board has granted the veteran's claim for service connection for degenerative disc disease at L5-S1, finding that it is as likely as not due to an injury sustained during active duty. The effective date of this decision is not specified.

The Board denied the veteran's claims for service connection for a rash on both hands and an evaluation in excess of 10 percent for his low back disability. The evidence did not support a finding that the current conditions were related to military service.

From April 13, 2001, through March 8, 2004, the criteria for a 20 percent evaluation have been met. On and after March 9, 2004, the criteria for a 40 percent evaluation have been met.

The Board has determined that the veteran's arthritis of the thoracic and lumbar spine is of service origin, granting his claim for service connection.

The Board denied the veteran's claim for service connection for a lumbar spine disorder due to insufficient medical nexus evidence.

The Board has reopened the claim for service connection for a cervical spine/neck disability with headaches. The claims for liver disorder, hip disorder, and erectile dysfunction secondary to multiple service-connected disabilities have been denied as there is no evidence of these conditions or a causal link to military service.

The veteran's service-connected L5-S1 lumbosacral spine fusion was rated at 20 percent since May 23, 2003.

The Board has determined that the appellant does not have PTSD, a low back disability, a cervical spinal disability, bilateral eye disability, or skin rash. The right ankle and left knee disabilities are also denied as service connection is already granted for these conditions under another theory of service connection. The joint pain in hands, right wrist, and right shoulder, along with generalized muscle aches, have been previously granted service connection.

The Board denied the veteran's claim for service connection for a low back condition, finding that it is not attributable to his service or his service-connected flat feet.