Back / lumbar spine decisions — 2004

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

The Board finds that the veteran's claim for an earlier effective date for a 40 percent disability rating for degenerative disc disease of the lumbar spine is denied because her condition did not meet the criteria for such a rating prior to June 14, 1999.

The Board denied the appellant's request to reopen the claim of service connection for a back disability, congenital malformation, and sacralization of the 5th lumbar vertebra due to lack of new and material evidence. The original denial in March 1939 became final.

The Board has remanded the case due to additional evidence received by the appellant, and service connection for a low back disability remains under review.

The Board found no etiological relationship between the veteran's lumbar spine disorders and active service, including his service-connected left foot injury. The nonservice-connected scoliosis was determined to be the cause of the degenerative disc disease and lumbar back pain.

The veteran's appeal is being remanded due to the need for additional consideration of his claim by the RO, including the recent treatment reports from the Phoenix VAMC.

The veteran's claims for service connection for residuals of a right thumb injury, bilateral hearing loss, and low back disability are not established. The claim for service connection for right wrist disability is pending.,Pending issues include the establishment of service connection for bilateral hearing loss and COPD.

The Board has reopened the veteran's claim for service connection of a low back disorder and found that new evidence supports this claim.

The veteran's claims for service connection for a low back disability and residuals of chest contusion are being remanded to the RO for further development due to new VCAA requirements.

The veteran withdrew his substantive appeal, effectively dismissing all issues on appeal.

The Board denied the veteran's claim for service connection for low back disability, concluding that new evidence did not establish a chronic condition in service.

The Board denied the veteran's claim for service connection for a neck disability, finding no direct evidence of its onset during active service and insufficient evidence to establish secondary service connection based on her pre-existing psychiatric disorder. The Board also noted that there was no compensable arthritis in the neck within one year after separation from service.

The Board has determined that the veteran's current low back and sacroiliac joint disabilities are not related to his service-connected left ankle disability, and therefore denied both claims.

The Board denied the veteran's claims for increased evaluations of his service-connected back and left ankle disabilities, as well as his claim for a total compensation rating based on individual unemployability.

The Board has denied the veteran's claims for service connection for a low back disorder, pulmonary disorder (to include COPD, Emphysema, and/or Bronchial Disorder), and sinus disorder. The evidence does not support a finding of in-service disease or injury that resulted in current disabilities.

The Board has remanded the case due to incomplete development of the record and VCAA compliance issues.

The Board found that the veteran's current low back disability did not begin in or is otherwise related to his service, and thus denied service connection for a low back disability.

The Board has determined that additional evidence is needed to properly evaluate the veteran's claims, including updated examinations and clarification of his need for aid and attendance due to service-connected disabilities.

The veteran's appeal is being remanded to the RO for additional development, including obtaining a final decision from SSA and any associated medical records. The claim will then be readjudicated with consideration of all evidence added since the last Supplemental Statement of the Case.

The veteran withdrew his appeal for service connection for PTSD, and the issue is dismissed without prejudice.