Back / lumbar spine decisions — 2004

The Board has remanded the case for additional development due to incomplete records and further examination.

The Board has remanded the case for further development due to changes in VA regulations and incomplete medical records. The veteran is to be provided with a supplemental statement of the case (SSOC) if benefits remain denied.

The Board has reopened the veteran's claims for service connection for postoperative residuals of hernias and low back disorder, but these claims are being remanded to obtain additional medical records and determine if there is a relationship between current disabilities and service.

The Board has denied the veteran's claims for service connection for a seizure disorder and a compression fracture of the lumbar spine, finding no evidence to support these claims.

The Board denied the veteran's claims for service connection for back and leg problems, as well as his basic eligibility to receive pension benefits. The decision found that scoliosis of the spine preexisted service and was not aggravated by service. A back disability other than scoliosis was not shown to be related to service or to have been disabling during the first post-service year. The veteran's leg disability was also not shown to be related to service.

The Board has determined that the veteran's degenerative disc disease of the lumbar spine was incurred in service, based on aggravation during active duty.

The veteran seeks service connection for a low back disorder, including degenerative disc disease of the lumbar spine. The Board has determined that additional development is needed to determine the nature and etiology of his current low back disability.

The veteran seeks fee basis outpatient chiropractic treatment for his service-connected mechanical low back strain with degenerative disc disease. The VA Medical Center (VAMC) has determined that the veteran's service-connected disability can be adequately treated by VA, but he contends that chiropractic care provides better relief without requiring him to take multiple medications.

The veteran's claim for a higher disability evaluation for his service-connected musculoskeletal low back strain is being remanded to the RO for additional development, including obtaining pertinent records from SSA and scheduling an appropriate VA examination.

The veteran's claim for service connection for degenerative changes in the lumbar spine, following a hemilaminectomy and medial facetectomy of L5-S1, is being remanded due to the need for additional development including obtaining relevant Social Security Administration (SSA) records and medical records from various healthcare providers.

The Board denied service connection for all claimed disabilities, finding no evidence of chronic conditions or any link to military service.

The Board denied the veteran's claims for service connection due to lack of new and material evidence.

The Board denied the claims for service connection for a low back disability, refractive error of the eyes, residuals of a head injury, brain aneurysm, and generalized arthritis due to lack of new and material evidence.

The Board denied the veteran's claims for service connection for low back disability and left leg shortening, finding that new evidence did not establish a relationship to service.

The Board denied the veteran's claims for service connection for residuals of trenchfeet, low back injury, and bilateral hearing loss. The veteran did not have a diagnosed condition related to these issues during or after his military service.

The veteran's appeal is being remanded due to the inextricability of issues, and a video teleconference hearing will be scheduled for him.

The veteran's claim for an increased evaluation of his service-connected fracture of the lumbar spine is being remanded due to recent revisions in rating criteria and incomplete medical records.

The Board denied the veteran's claim for service connection for a back disability, finding that there was no current chronic back disability resulting from an in-service event.

The veteran's claims for increased ratings and reopening of his service connection claim were denied. The post-operative residuals, fracture, right scaphoid condition is currently rated at 20 percent disabling.

The Board granted a rating of 50 percent for PTSD effective March 1, 2004. The veteran's lumbosacral strain and GERD were also rated as requested.