Back / lumbar spine decisions — 2004

The Board has remanded the veteran's claims for increased evaluations for service-connected low back strain and left knee degenerative joint disease due to additional development of medical records and a VA examination.

The veteran's service-connected disabilities, including degenerative disc disease of the lumbar spine (rated at 40%), hysterectomy (30%), history of avulsion fracture with fibromyalgia (20%), duodenal ulcer (10%), and residual scars from neck skin tag removal (noncompensable), result in a combined rating of 70%. The veteran is granted TDIU due to her service-connected disabilities, which preclude her from obtaining or retaining substantially gainful employment.

The VA denied the veteran's claim for service connection for a low back disorder, including scoliosis. The evidence did not link his current diagnoses to service.

The veteran's claims for increased evaluations of his service-connected lumbosacral strain and schizophrenia are being remanded due to the need for additional development, including new VA examinations.

The Board has remanded the case for further development and examination to determine if the veteran's current low back, left knee, and depression conditions are related to service or any other relevant factors.

The veteran's claim for an effective date prior to March 21, 2001 for service connection of mechanical low back strain with L4-5 and L5-S1 mild disc bulge was granted. The effective date is based on the date entitlement arose, which is March 21, 2001.

The Board denied service connection for a disorder of the fingers of the right hand due to lack of evidence of current disability and no in-service injury or illness related to this condition.

The Board has determined that the veteran does not have arthritis of multiple joints as a result of service, and therefore denied his claim for service connection.

The Board has determined that new and material evidence has not been received to reopen the appellant's claim for service connection for a back disability. The March 1992 RO decision denying service connection remains final.

The Board has determined that new and material evidence has been received to reopen the veteran's claims for service connection on a secondary basis for low back and left knee disabilities. The claims are granted as both conditions were found to be proximately due to or the result of his service-connected right knee disability.

The Board has remanded the veteran's claims for increased ratings and service connection due to procedural issues, including a need for additional development.

The veteran's appeal is being remanded for further development to ensure compliance with the Veterans Claims Assistance Act of 2000 (VCAA).

The veteran's claims for increased evaluations for his service-connected lumbar spine disc bulge and posttraumatic degenerative changes to bilateral tibiotalar and talonavicular joint with traumatic joint disease of the sacroiliac joints are being remanded due to incomplete medical records and the need for additional examinations.

The Board denied the veteran's claims for an increased evaluation for her service-connected left hip bursitis and service connection for a low back disability, finding that her low back disability was not incurred in or aggravated by active service and was not secondary to her service-connected left hip bursitis.

The Board found that the veteran's lumbosacral strain does not warrant an evaluation in excess of 20 percent, as his range of motion was within normal limits and he did not have any severe impairment.

The Board has denied the veteran's claims for service connection for low back strain, urethral discharge, residuals of a left lower leg injury, residuals of a left hip injury, and residuals of bilateral thumb injuries due to lack of current diagnoses of chronic disabilities.

The Board denied the veteran's request to reopen his claim for service connection for a back disorder, including curvature of the spine. The evidence received since the last denial did not relate to an unestablished fact necessary to substantiate the claim and does not show that the cause of the veteran's back disorder was related to service.

The Board has determined that the veteran's current back disorder, diagnosed as herniated discs at T7-T8, L3-L4, and L5-S1, and traumatic arthritis of the lower lumbar spine, is related to a motorcycle accident he sustained during active service. Service connection for these conditions is granted.

The Board has reopened the claims of service connection for psychiatric and hip disabilities, but denied all other issues due to lack of evidence showing an in-service origin or a nexus to service.

The veteran's claim for an increased rating and earlier effective date for service connection were both granted by the Board. The case was remanded multiple times, but ultimately the veteran received a 20% disability rating for his lumbar spine decompressive laminectomy with May 16, 1990 as the effective date.