Back / lumbar spine decisions — 2004

The Board has remanded the case for additional development due to missing disability determination records and clinical records.

The veteran's lumbosacral strain with bilateral spondylosis at L5-S1 is currently rated as 40 percent disabling. The bone spur in the left foot and mallet toe deformity of the right foot are both rated as non-compensable.

The Board has remanded the case for additional development, including obtaining verification of any additional service claimed by the veteran and requesting medical records pertaining to such service. The VA must also obtain all outstanding VA treatment reports, particularly those from the VA Medical Center in San Juan, Puerto Rico, in 1971. Additionally, the VA must contact the Social Security Administration to request all medical documentation utilized in awarding disability benefits.

The veteran is seeking service connection for degenerative disc disease of the lumbar spine, which he claims was caused by a back injury sustained in 1964 while unloading ammunition boxes in Germany. The Board has ordered additional development to obtain relevant medical records and statements from fellow servicemen.

The Board has granted service connection for COPD as secondary to the veteran's service-connected asthma, but has remanded the issue of service connection for lumbar disc disease due to conflicting medical opinions.

The Board has granted service connection for the residuals of a lumbar spine injury and has determined that an initial compensable rating is warranted for the status postoperative laparotomy and partial colon resection for gangrenous colon segment.

The Board has determined that the veteran's left knee disability warrants a separate rating of 30 percent for instability and 20 percent for limitation of motion, effective from January 27, 1997.

The Board has granted an effective date of July 26, 2002 for the TDIU rating based on service-connected disabilities. The veteran's combined disability rating was 60 percent at that time.

The Board has remanded the case due to procedural errors and incomplete service medical records. The veteran's claim for service connection for a low back disorder, which may be related to his right knee disorder or pre-existing condition, will need further clarification from the VA examiner.

The Board has determined that the veteran's lumbar spine degenerative disc disease is related to service and grants this claim. The issue of benign prostatic hypertrophy remains pending as a VA examination was not conducted.

The Board denied the veteran's claims of service connection for PTSD, right hip disability, left hip disability, right ankle disability, left ankle disability, right knee disability, and vision problems. The decision found that there was no evidence to support a diagnosis of PTSD or any other psychiatric disorder during service or in the years following service.

The Board has remanded the case due to the need for additional development, including obtaining medical records and scheduling a VA examination.

The veteran's appeal is being remanded for further development and consideration of his claims, including the provision of adequate notice under the VCAA.

The veteran's claim for increased evaluations for his service-connected chronic low back pain with degenerative changes was denied. The RO assigned a combined 80 percent evaluation effective September 23, 2002.

The Board found that the veteran's current low back disability is not related to his service and denied his claim for service connection.

The Board found no evidence of a current left wrist disability and denied the veteran's claim for service connection. The VA examiner concluded that the veteran's cervical and lumbar spine disabilities are likely related to her military service, but there is insufficient medical evidence to establish service connection.

The Board denied the veteran's claims for service connection for bilateral foot fungus, a back disorder, and peripheral neuropathy. The evidence did not establish current disabilities.

The Board denied service connection for a low back disorder on the basis that the criteria for service connection were not met. The RO continued to deny claims for service connection for residuals of gall bladder surgery, residuals of fracture of the mandible, bronchitis, and Rocky Mountain spotted fever.

The veteran's claims of service connection for residuals of a ruptured Achilles tendon, degenerative joint disease of the hips and lumbosacral spine, and residuals of injuries to the left knee and ankle are being remanded due to inadequate examination reports. The claim for higher rating for PTSD is also being remanded.

The Board denied the veteran's claims for service connection for residuals of a head injury, depression, and degenerative disc disease. The decision found that the in-service head injury was not incurred in the line of duty due to alcohol abuse.