Back / lumbar spine decisions — 2004

The Board has determined that the veteran does not have a right knee disability, excluding residuals of removal of Baker's cyst, or any other neck/upper back disability, including a left neck lump, that was incurred in service. The VA medical records do not support these claims.

The Board found that the veteran's lumbar and thoracic spine disabilities were not incurred in or aggravated by service, with no new evidence presented to reopen the claims. The preexisting lumbosacral strain was held to have been aggravated during service.

The veteran's lumbar spine, left knee, right knee, right fibula, and right foot disabilities are all rated at the maximum allowed under VA disability rating criteria.,The veteran's left bicipital tendonitis and right bicipital tendonitis have also been rated at their maximum allowable levels.

The veteran's claims for increased ratings for his service-connected lumbar spine injury and cervical spine disorder were denied as there is no evidence of ankylosis or neurological symptoms due to the service-connected disabilities.

The veteran's service-connected low back disability is rated at 40 percent, which is the maximum schedular rating for severe limitation of motion. The Board has granted a total disability rating based on individual unemployability (TDIU).

The veteran's flat feet claim is pending as the service-connection theory is not specified.,The secondary service connection for back disorder claim is pending as the service-connection theory is not specified.

The veteran's service connection claim for the residuals of a March 12, 1983 motor vehicle accident is granted. The court finds that his current disabilities are related to this incident.

The veteran's claims are being remanded to the RO for additional development of his medical records and consideration of new evidence. The case will be returned to the Board after this process.

The Board found that the veteran's current low back disability is not related to service or a service-connected condition, and thus denied his claim for service connection. The issue of competency was also addressed and denied.

The Board found that the appellant's current low back condition was not incurred or aggravated by service, and thus denied his claim for service connection.

The veteran's claims for increased ratings for low back strain and hypertension are being remanded to obtain additional medical records, including VA and private treatment records. The case will be readjudicated under the revised criteria for evaluating diseases and injuries of the spine effective September 26, 2003.

The veteran's claims for increased evaluations for major depressive disorder and residuals of a lumbar spine injury are being remanded due to the need for additional development under the Veterans Claims Assistance Act of 2000.

The Board has determined that the veteran's low back disability warrants a rating of 20 percent, effective September 10, 1998.

The veteran's appeal is remanded for additional development, including obtaining updated medical records and scheduling a VA examination to assess the severity of his service-connected low back disability. The case will be reviewed again after these actions are completed.

The Board has determined that the veteran's low back disability did not preexist service and was not aggravated by service. Therefore, the claim for service connection is denied.

The veteran's claim for a higher rating and earlier effective date for his service-connected low back disorders was denied. The RO found that the evidence did not support an earlier effective date than July 2, 1997, for the grant of service connection. For the rating issue, the RO determined that the veteran is not entitled to a rating in excess of 50 percent.

The veteran's appeal was dismissed because he died during the pendency of his appeal. The Board has no jurisdiction to adjudicate the merits of this claim.

The case is being remanded to the RO for further development, including obtaining an addendum from a VA orthopedic examiner and verifying all periods of service.

The Board has determined that the veteran does not have a current diagnosis of PTSD and finds no evidence linking any diagnosed disability to service. The case is remanded for further examination regarding left foot calcaneal spur and low back pain.

The Board denied the veteran's request to reopen his claim for service connection due to lack of new and material evidence.