Back / lumbar spine decisions — 2004

The veteran's TDIU claim is being remanded due to the need for a VA examination and further development of his service-connected disabilities, including right leg disability. The issue of service connection for a right leg disability must also be addressed.

The Board has granted a 40 percent rating for the service-connected low back disability and has denied an initial compensable evaluation for the service-connected left plantar fasciitis.

The Board denied the veteran's claim to reopen his service connection for lumbar spine disability, finding that new and material evidence did not raise a reasonable possibility of substantiating the claim.

The Board has denied the veteran's claims for increased ratings for residuals of a right ankle dislocation, cervical strain, lumbosacral strain, and gunshot wound to the abdomen. The evidence does not meet the criteria for a compensable rating in any of these cases.

The Board has determined that the veteran's right knee disorder and back disorder are secondary to his service-connected left knee arthroscopy with anterior cruciate ligament repair.

The veteran's claims for increased evaluations for his lumbar strain, right shoulder condition, and hemorrhoids are being remanded due to the need for additional medical records and examinations.

The Board has received notification of a withdrawal of the appeal from the appellant's representative prior to the promulgation of a decision.

The Board has determined that the appellant's chronic low back syndrome warrants a 60 percent disability rating, effective from February 9, 2004.

The Board denied reopening the claim for service connection for schizophrenia due to lack of new and material evidence.,Service connection was not granted for low back condition or coronary artery disease.

The Board has determined that additional development is necessary to comply with the Veterans Claims Assistance Act of 2000 and to evaluate the veteran's claims under the correct rating criteria.

The Board denied the veteran's claim for service connection for a low back disability, finding no evidence of a nexus between his current condition and his military service.

The Board found no evidence of current bilateral hearing loss and denied the veteran's claim for service connection. The lumbar spine disorder, facial scar, and right arm scar claims were also denied as there was insufficient evidence to support higher disability evaluations.

The Board denied the veteran's claims for service connection for hepatitis C and a low back disability, finding that direct service connection was not warranted due to lack of evidence linking these conditions to his active duty.

The Board has remanded the case for additional development due to incomplete records and the need to obtain relevant medical opinions.

The Board has determined that new and material evidence has been submitted to reopen the claim for service connection for a cervical spine disability, which is now granted. Service connection for this condition is established as secondary to the service-connected residuals of a fracture of the right clavicle with subluxation and deformity of the sternoclavicular joint. The Board also found that there is no evidence linking the lumbar spine disability to active service or any service-connected condition.

The veteran's appeal is remanded for further development of his claims, including obtaining medical records and conducting examinations to determine the nature and etiology of his knee and back disabilities.

The veteran claims a current back disorder is related to his military service. The RO has reviewed the private medical records and service medical records, but did not obtain an explicit nexus opinion from the examining physician. The case is being remanded for further examination and development.

The Board has granted the veteran's request to reopen his claim of service connection for a chronic back disorder, finding new and material evidence. The other issues remain pending as they are not about service connection at all.

The veteran's claims for increased rating, total disability based on individual unemployability, service connection for various conditions secondary to radiation exposure during service, and compensation under 38 U.S.C.A. § 1151 were all denied by the Board.

The veteran's appeal is being remanded for further development of the evidence, including VA examinations to address service connection and employment issues.