Back / lumbar spine decisions — 2004

The veteran's appeal is being remanded for further development, including a VA examination and consideration of the revised rating criteria.

The veteran is seeking service connection for a back condition that he claims is secondary to his service-connected left knee disability. The case has been remanded due to the need for an examination to determine the etiology of the current back disability and its relationship, if any, to the residuals of the service-connected left knee injury.

The VA denied the veteran's claim for service connection of his low back disorder, finding that there is no evidence to support a link between his current condition and his military service.

The Board denied the veteran's claims for service connection of low back disability, cervical spine disability, and residuals of a diaphragm injury due to lack of evidence establishing direct service connection.

The Board has determined that new and material evidence has been submitted to reopen the claim of service connection for a low back injury with spondylolisthesis.

The Board denied the veteran's request to reopen his claim for service connection for a back disorder diagnosed as lumbar radiculopathy, finding that no new and material evidence had been submitted.

The veteran's appeal is being remanded for additional development, including scheduling a VA examination to assess the severity of his service-connected right knee disability and whether any present back disorder was caused or aggravated by his service-connected right knee. The RO should also consider whether higher or separate ratings are warranted under alternative rating criteria.

The Board has remanded the case for further development, including obtaining additional medical records and conducting examinations to determine if the veteran's service-connected lumbar strain is causing or aggravating any other low back disorders.

The Board has granted the veteran's claims of entitlement to service connection for cervical disc disease, but denied her claim for pelvic inflammatory disease due to lack of current evidence. The veteran was in a motor vehicle accident during active duty for training which resulted in degenerative disc disease.

The Board has reopened the previously denied claim of service connection for a low back disorder and determined that it is related to active service.

The Board has granted a 40 percent disability rating for the appellant's service-connected lumbosacral disc disease with S1 root compression, right side, status post L5-S1 discectomy effective January 22, 2004.

The Board has dismissed the appeal due to the appellant's withdrawal of the appeal prior to a decision being made.

The Board has found that a remand is necessary to clarify the claims on appeal due to conflicting medical opinions regarding the relationship between the veteran's current back and hip/leg complaints and an August 1978 fall during INACDUTRA.

The veteran's claims for service connection for degenerative joint disease of the lumbar spine and knees are being remanded due to a failure to provide proper notice under the Veterans Claims Assistance Act of 2000 (VCAA).

The veteran's claim for a higher rating for his service-connected low back myositis was denied as he failed to report for a VA examination scheduled in February 2004 without good cause.

The Board has remanded the case for additional development, including obtaining medical records and providing proper VCAA notice.

The Board denied the veteran's appeal regarding recoupment of military separation pay and found that VA is required to deduct $11,135.24 from his disability compensation due to receipt of separation pay at discharge.

The Board found that the veteran's low back disorder did not originate in service and is not otherwise causally related to his military service, including to his service-connected TMJS.

The veteran's appeal is being remanded for additional development, including VA examinations and the provision of relevant treatment records.

The veteran is seeking service connection for low back and bilateral knee disorders, which he claims are related to his service-connected right Achilles tendon tear. The case has been remanded for further examination and opinion regarding the relationship between these conditions and his service-connected disabilities.