Back / lumbar spine decisions — 2004

The Board denied service connection for a back disability to include arthritis and the claim of service connection for a respiratory disability due to exposure to Agent Orange. The claims were found to lack new and material evidence, and there is no competent medical evidence linking current disabilities to service or exposure to Agent Orange.

The Board denied the veteran's request to reopen his claim of service connection for low back disability, finding that new and material evidence had not been submitted.

The Board denied the veteran's claims of service connection for residuals of pneumonia, a lumbar spine disorder, bilateral avascular necrosis of the hips, and cardiovascular disease. The Board found no evidence linking these conditions to service.

The veteran seeks an evaluation in excess of the current 10 percent rating for his service-connected degenerative joint disease of the thoracic and lumbar spine. The case is being remanded to obtain updated treatment records, conduct a VA examination, and consider the appropriate disability rating under the amended VA Schedule for Rating Disabilities.

The Board denied the veteran's claims for service connection for arthritis of the lumbar spine and arthritis of the left knee, finding that these conditions were not incurred or aggravated by active service.

The Board has determined that new and material evidence has been received to reopen the claim of entitlement to service connection for a low back disability. The veteran's current low back disability is presumed to have originated during his period of active duty.

The veteran's current foot disability, bilateral os calcis spurs, is granted as incurred in service. The low back disability is also granted due to the nature of the veteran's complaints and diagnoses during service.

The Board has determined that the veteran's effective date for his TDIU should be set at July 20, 1998, as this is when he formally submitted a claim for such benefits.

The Board has granted the veteran's application to reopen his previously denied claim of entitlement to service connection for a low back disability. The reopened claim will require additional development and is being remanded to the RO.

The Board denied service connection for residuals of shoulder and hand injuries, right shoulder injury, neck condition (including degenerative disc disease), arm conditions (including carpal tunnel syndrome), and migraine headaches. The veteran's symptoms were not found to be related to his military service.

The veteran's low back syndrome with degenerative disc disease at L4-L5 and L5-S1, and radiculopathy is currently rated as 40 percent disabling. The Board found that the evidence did not meet the criteria for a higher rating under any applicable diagnostic codes.

The Board found no evidence linking the appellant's back disorder to service and denied his claim for service connection.

The Board has determined that the veteran's current back disability is developmental/congenital in nature and unrelated to the back injury during service. Therefore, service connection for a back disability is denied.

The veteran's lumbar disc disease is currently rated at 40 percent, and his claim for TDIU based on this condition has been granted.

The Board has remanded the case for further development, including a VA examination and readjudication of the claims.

The veteran's claim for an increased evaluation of his lumbosacral strain is being remanded due to the need for additional development, including a VA examination and consideration of revised rating criteria.

The Board has reopened the veteran's claim for service connection for lumbosacral strain with post-operative residuals of a herniated nucleus pulposus due to new evidence submitted since the last denial in April 1999.

The Board denied service connection for residuals of head trauma, low back injury, and right shoulder arthritis as the evidence did not support a link between these conditions and active service.

The Board has determined that the veteran's lumbar spine disability is service-connected, with no new evidence provided to reopen the claim.

The Board denied the veteran's claims for increased evaluation of his low back disorder, service connection for a psychiatric disorder, and TDIU due to lack of evidence supporting these claims.