Back / lumbar spine decisions — 2004

The Board has remanded the case for additional development, including obtaining medical records and conducting examinations to determine the current severity of the veteran's lumbar disc disease and his ability to work due to this disability. The TDIU claim will also be reviewed.

The Board denied service connection for a right shoulder disability, left ankle disability, low back disability, and upper respiratory disorder.,There is no evidence of chronic conditions in service or until many years after service separation. The veteran's current disabilities are not related to military service.

The veteran's claims for increased evaluations of his service-connected ankylosing spondylitis, thoracic and lumbar strain; avascular necrosis of the right hip; and avascular necrosis of the left hip are being remanded due to incomplete notice under VCAA and need further development.

The Board denied the veteran's claims of entitlement to service connection for low back pain, left ankle sprain, and hearing loss. The veteran did not have a current disability for these conditions as determined by VA examination and medical records.

The Board found that the veteran's low back disorder and intermittent numbness of the left leg were not incurred or aggravated during service, including by his service-connected shell fragment wound to the left buttock.

The Board has remanded the case for additional development, including obtaining medical records and addressing the veteran's TDIU claim.

The VA determined that the veteran's chronic acquired low back disorder, claimed as residuals of injuries, was not incurred in or aggravated by active service and denied his claim.

The Board found no evidence of a current chronic back disorder related to service and denied the veteran's claim for service connection.

The Board denied the veteran's claims for service connection of right knee, left knee, and low back disabilities as secondary to his service-connected bilateral hammertoes. The Board found that there was no causal relationship between the service-connected hammertoes and the current knee and back disorders.

The veteran's appeal is being remanded for further evaluation of his service-connected lumbosacral strain, including consideration of the new regulatory criteria for evaluating disorders of the spine. The AMC will also ensure that VCAA examination and medical opinion requirements are met as to this issue.

The Board found no evidence of a service-connected back disorder, headache disorder, or psychiatric disability based on the appellant's claimed incident. The claims were denied.

The Board has granted service connection for the veteran's degenerative arthritis and scoliosis of the cervical, thoracic, and lumbar spines on a secondary basis to his service-connected right knee disability.

The Board has determined that the veteran's low back disability is related to an in-service injury and grants service connection for residuals of a low back injury.

The Board denied the veteran's claims for service connection for both a low back disorder and an upper back disorder, finding that his current conditions were not incurred or aggravated by service. The pre-existing congenital sacralization of L5 was considered to be the cause of his symptoms in service, and the injuries sustained during service did not result in any permanent disability.

The Board denied the veteran's claims for service connection for knee and low back disabilities, finding no current evidence of a disability or link to military service.

The Board has determined that new and material evidence has been received to reopen the veteran's claims for service connection for right knee disability, right shoulder disability, and low back disability. The claims are now considered on their merits.

The Board has determined that the veteran's service-connected residuals of a back injury warrant an increased evaluation to 70 percent, as his disability is manifested by forward flexion of the thoracolumbar spine greater than 30 degrees but not greater than 60 degrees, moderately severe neurological impairment in the left lower extremity, and moderate neurological impairment in the right lower extremity.

The Board found that the reduction of the assigned rating for the veteran's service-connected low back disorder from 40 to 20 percent was not proper and restored the original 40 percent rating.

The veteran's claims for increased disability ratings were granted, with a rating of 10 percent assigned for his service-connected probable post-concussion, vascular type headaches with intermittent blurry vision.

The veteran's appeal is being remanded due to technical issues with the hearing recording, and a new hearing will be scheduled at the RO.