Back / lumbar spine decisions — 2004

The veteran's claim for an increased evaluation for his service-connected degenerative disc disease of the lumbar spine is being remanded due to incomplete medical records and need for a new VA examination.

The Board has granted service connection for a back disorder secondary to the veteran's service-connected left ankle disability. The claim of reopening an acquired psychiatric disorder is also granted.

The Board has remanded the case for additional development, including providing notice under the VCAA and scheduling a travel Board hearing.

The veteran's appeal is being remanded for additional development, including obtaining medical opinions and verifying her service in the Persian Gulf War.

The Board has determined that the veteran's claims for service connection have been withdrawn, and his claim for hypertension was denied as new and material evidence was not received. The low back disability claim is also denied.

The veteran's claims for service connection and increased rating are being remanded due to the need for additional development, including obtaining medical opinions on the etiology of his cervical spine disability and assessing the current level of impairment due to his low back strain.

The Board has determined that the veteran's claimed cervical spine disorder, lumbar spine disorder, scar on the back of the neck, and scar on the left forearm were not incurred in or aggravated by active service. The veteran's bilateral hearing loss was also not related to his period of service.

The veteran's appeal is remanded due to the need for additional development and notification under the VCAA. The RO must ensure all notification and development action required by 38 U.S.C. §§ 5102, 5103, 5103A, and 5107 are fully complied with and satisfied.

The Board denied the veteran's claims for service connection and increased ratings for low back strain, bilateral tinnitus, right shoulder sprain, right ankle sprain, and left knee injury. The VA found no evidence of a nexus between current disabilities and service.

The VA denied the veteran's claims for a compensable evaluation prior to March 17, 2003 and an increased rating after that date for aortic insufficiency. The back condition claim was granted with a 40 percent rating effective March 17, 2003.

The Board found no competent medical evidence linking the veteran's current lumbosacral strain to his service, and thus denied the claim for service connection.

The Board denied the veteran's claims of service connection for depression, heart disability, arthritis, low back pain, chest disability (to include respiratory disability), and skin disorder. The reasons were that there was no competent evidence linking these conditions to active duty or a service-connected condition.

The veteran's appeal has been withdrawn by the appellant prior to a decision being made.

The Board has remanded the case due to the need for additional evidence and examination, including treatment records from post-service VA facilities and an orthopedic evaluation.

The Board denied the veteran's claims for an earlier effective date and restoration of a previously granted disability rating, finding that there was no factual basis to grant these requests.

The Board denied the veteran's claim for service connection for a low back disability, finding that spondylolisthesis is not a disease or injury within the meaning of applicable legislation providing compensation benefits.

The Board has determined that the effective date for a 20 percent rating for service-connected residuals of low back injury is May 22, 1997. The veteran's claim for an earlier effective date was not granted.

The Board has remanded the case to the RO for further development of evidence, including verification of the veteran's involvement in a motor vehicle accident while serving in Germany.

The Board granted an increased rating of 40 percent for post-phlebitic syndrome of the left leg, effective from January 12, 1998. The veteran's claims for service connection for various disabilities were also granted as secondary to his service-connected post-phlebitic syndrome of the left leg.

The Board has determined that additional examinations and opinions are needed to properly adjudicate the veteran's claims for service connection, increased evaluations, and fibromyalgia.