Back / lumbar spine decisions — 2004

The Board denied the veteran's claims of service connection for a low back disorder and an upper respiratory disorder (sinusitis/allergic rhinitis), as well as his request for an earlier effective date for the grant of service connection for residual burns sustained in service. The appeals were based on direct evidence, without any presumption or secondary relationship to a pre-existing condition.

The veteran's claim for an increased rating for his service-connected low back strain associated with spondylolisthesis, spondylosis, and spina bifida occulta is being remanded due to the need for additional development of medical records and a VA examination.

The Board has reopened the veteran's claim of service connection for a back disorder and found that there is an approximate balance of evidence to support the claim. The Board determined that it was at least as likely as not that the veteran's current back disability, including lumbosacral spine stenosis with right L5-S1 radiculopathy and degenerative changes in the lower lumbar spine, was related to his active military service.

The veteran's appeal is being remanded to obtain additional medical records and provide addendum VA medical opinions. The claims for increased rating of depression, service connection for tinnitus, and service connection for a low back disability are also being remanded.

The Board denied the veteran's claim to reopen his service connection for a herniated disc of the lumbar spine, finding that new and material evidence was not received.

The Board has determined that the veteran's low back disorder is reasonably attributable to service, and grants service connection for this condition.

The Board of Veterans' Appeals (BVA) has determined that the veteran's low back disorder is at least as likely as not caused by an injury sustained during his military service, and thus grants service connection for this condition.

The case is being remanded for further action including addressing the issues of reopening service connection claims and increasing the rating for kidney stones. The veteran's medical records will be requested to ensure all relevant evidence has been considered.

The veteran's low back disability was granted a 40 percent rating, effective September 23, 2002. His peripheral neuropathy of the right and left lower extremities were each granted a 20 percent rating, also effective September 23, 2002.

The Board has determined that additional development is necessary in the case due to the need for a new examination and opinion regarding the etiology of the veteran's current low back and bilateral knee disorders.

The Board finds that the criteria for a 40 percent rating, from January 17, 1996, for chronic lumbar strain with discogenic disease have been met.

The Board found that the veteran's hip and back disabilities did not have their onset in service or within one year of separation, and there was no medical evidence linking these conditions to his military service.

The veteran's claim for a higher rating for his lumbosacral strain and residuals of a fractured left metacarpal was granted, with the effective date being May 24, 2000, for the lumbosacral strain and May 14, 2003, for the left hand disability. The veteran's claim for pension benefits prior to May 8, 2003, is also granted.

The Board found that the veteran's spinal disability, characterized as osteoarthritis of the cervical spine, is not related to his service. The veteran's bilateral carpal tunnel syndrome was also not related to his service.

The Board has reopened the veteran's claim and determined that his current degenerative disc disease of the lumbar spine is related to an injury he sustained during active duty for training (ACDUTRA) in May 1996, which aggravated a pre-existing condition.

The veteran's claim for an increased rating for his service-connected degenerative disc disease of the lumbar spine with subluxation of L4-L5 with thoracolumbar scoliosis is being remanded due to the need for a current VA examination and additional medical records.

The veteran's request for a personal hearing before the Board has not been scheduled, and his case is being remanded to the RO for scheduling such a hearing.

The Board denied the veteran's claims of service connection for various conditions, including hearing loss in her left ear, ankle disorders on both feet, knee and hip disorders, arthritis, neck/cervical spine disorder, and back disorder. The Board found no evidence linking these conditions to military service.

The Board has vacated its previous decision and remanded the case for further development, including obtaining additional service medical records and providing a new VA examination to determine if there is a relationship between active service and the veteran's claimed neck and low back injury residuals.

The veteran's appeal is remanded for additional development, including examinations and a review of the claims file to determine if service connection can be established for his claimed cervical spine disorder, low back disorder, and prostate cancer.