Back / lumbar spine decisions — 2004

The veteran's claims for increased disability ratings were denied due to his failure to report for VA examinations.

The Board has remanded the case due to insufficient evidence regarding the veteran's in-service back injury and its current condition. The RO is instructed to obtain medical records, arrange for a VA examination, and consider all submitted evidence before making a decision on service connection.

The Board of Veterans' Appeals has determined that the veteran's low back disorder did not have its onset during active service or result from disease or injury in service. Therefore, the claim for service connection is denied.

The veteran's claim for an increased rating for his service-connected lumbosacral strain with degenerative joint disease and degenerative disc disease is being remanded due to the need for additional development, including a VA examination.

The VA denied an increased rating for the veteran's service-connected herniated nucleus pulposus of the lumbar spine, currently rated at 40 percent. The disability does not meet the criteria for a higher rating due to intervertebral disc syndrome or other manifestations.

The Board has determined that additional development is needed to properly evaluate the veteran's claims, including obtaining medical records and arranging for examinations.

The Board denied the veteran's claims for service connection for his right hip and low back disorders, finding that there was no evidence showing a causal relationship between these conditions and his service-connected ankle fracture residuals.

The veteran's appeal is being remanded for additional development, including obtaining VA treatment records and providing the veteran with a VA medical examination to assess his current residuals from the in-service femur fracture. The issue of service connection for a low back disorder is also being addressed.

The veteran's claim for service connection for a back disability is being remanded due to the need for additional development, including a VA examination and updated VCAA notification.

The veteran's claims for increased ratings for his service-connected lumbar and dorsal spondylosis with degenerative disc disease are being remanded due to the need for additional development, including obtaining medical records from SSA and a VA examination.

The VA denied reopening the veteran's claim for service connection due to lack of new and material evidence, and also denied the claim on the merits.

The veteran's appeal has been withdrawn by the appellant prior to any decision being made.

The Board has vacated its previous decision and remanded the case for further development to ensure compliance with the Veterans Claims Assistance Act of 2000 (VCAA). The claim will be adjudicated anew, including providing proper VCAA notice.

The Board denied a rating in excess of 50 percent for the veteran's service-connected back disability, finding that the current rating adequately reflects his condition.

The Board has denied the veteran's claim for service connection of a back disorder, finding that there is no competent medical evidence linking his current low back condition to his military service.

The Board has granted service connection for the veteran's low back disability, effective from July 19, 1988. The case is now remanded to obtain additional medical records and readjudicate the claim.

The Board found no evidence of an in-service injury or treatment for a low back disorder, and the veteran's lay statements alone are insufficient to establish service connection. The earliest record of arthritis is decades after his active service, and there is no competent evidence showing current back pathology is related to any in-service occurrence or event.

The Board found that the veteran's low back disability, including arthritis, was not caused or aggravated by his service-connected right knee meniscectomy and residuals of a fracture of the right ankle. The claim for secondary service connection is denied.

The Board has denied the veteran's claims for service connection for a bilateral eye disorder and a low back disorder, finding that there is no evidence linking these conditions to his military service.

The veteran's claims for service connection and increased rating are being remanded due to the need for additional development, including obtaining medical records and arranging for examinations.