Back / lumbar spine decisions — 2004

The Board denied the veteran's claims for service-connection for dorsolumbar paravertebral myositis and dysthymic disorder as secondary to a service-connected disability due to lack of evidence linking these conditions to service or any service-connected condition.

The Board denied the veteran's claims for service connection for low back disability, hearing loss, and lung disability. The initial rating claim for bursitis of the left hip was also denied.

The Board has reopened the claim for service connection due to new and material evidence, but finds that the current degenerative disc disease of the lumbar spine is not related to military service.

The VA denied a higher disability evaluation for the veteran's degenerative disc disease, L4, L5, L5-S1 interspaces, assigning a 40 percent rating effective June 2, 2000.

The veteran's service-connected degenerative joint disease of the lumbar spine is currently rated as 40 percent disabling, but his claim for an increased rating has been denied.

The VA determined that the appellant's lumbar spine disability does not warrant a rating in excess of 40 percent, as there are no incapacitating episodes or neurological deficits.

The Board has decided to remand the case for additional development, including obtaining service personnel records and clarifying the veteran's participation in parachute training during service. The veteran is also scheduled for a VA examination to determine if his current low back disability is related to parachute jumps during service.

The Board denied the appellant's request to reopen his claim for service connection due to lack of new and material evidence, resulting in a final denial.

The veteran's appeal is being remanded to the RO for additional development and consideration of his claims, including new evidence submitted since the most recent supplemental statement of the case.

The Board has remanded the case for additional development due to inadequate notification and assistance under the Veterans Claims Assistance Act of 2000 (VCAA). The veteran's claims for service connection are related to his skin disorders, porphyria cutanea tarda, lumbar strain with degenerative joint disease, bilateral leg disorder, and arthritis of the feet. The case will be reviewed again after obtaining necessary medical records and conducting examinations.

The Board has determined that the veteran's current low back disorder is not related to his military service, and thus denied his claim for service connection.

The veteran's appeals for service connection for left elbow and right ankle disorders were dismissed due to failure to file a timely substantive appeal.

The veteran's appeal is being remanded due to the need for updated medical records, regulatory changes in spine rating criteria, and recent testimony indicating increased severity of his service-connected disabilities.

The Board denied reopening the veteran's claims for service connection for a neck disorder, right shoulder disorder, and low back disorder due to lack of new and material evidence.

The Board found no evidence of mustard gas exposure during service and concluded that the veteran's current pulmonary disability is not related to his military service. The back disorder was attributed to a service-connected injury, but the link between mustard gas exposure and the lung condition could not be established.

The Board has denied the reopening of claims for secondary service connection for low back and right knee disabilities, as new and material evidence was not received. The claim for increased rating for left knee replacement disability is also denied.

The Board denied service connection for degenerative disc disease of the cervical spine, lumbar spine with bilateral lower leg disorder including pain and numbness, osteoarthritis of the left knee, generalized weakness of the body, and leg numbness.,Service connection was not established for any of these conditions.

The VA has determined that the veteran's low back disability does not warrant a rating in excess of 40 percent, as his condition does not meet the criteria for more severe intervertebral disc syndrome or unfavorable ankylosis.

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

The veteran's claim for an increased rating for his service-connected low back disability is being remanded due to incomplete records and the need to apply revised criteria for evaluating spine disabilities.