Back / lumbar spine decisions — 2004

The veteran's claims for increased ratings of his right shoulder, cervical spine, and lumbar spine disabilities were granted. The current disability ratings are effective from the dates specified.

The Board found that the veteran's current low back disorder is not related to his military service and denied his claim.

The veteran's initial increased rating claim for low back strain was denied, and his secondary service connection claim for a psychiatric disorder was also denied.

The Board has remanded the case for additional development, including obtaining medical opinions regarding whether the veteran's disabilities are secondary to his service-connected left knee disability.

The Board denied the appellant's claim for an increased rating for his service-connected low back disability, finding that the current evaluation of 40 percent is appropriate based on the severity of his symptoms and clinical findings.

The case is being remanded for further development of the evidence, including verifying a claimed back injury during active duty for training (ACDUTRA) in June 1987 and ensuring compliance with VCAA notice requirements.

The Board denied a rating in excess of 60 percent for the veteran's service-connected degenerative disc disease of the lumbar spine, finding that it did not meet the criteria for ankylosis or other conditions warranting such a higher rating.

The Board has determined that the veteran's right hip and lumbar spine disabilities were not incurred or aggravated during his active duty service, and thus denied both claims.

The veteran's claim for nonservice-connected disability pension benefits is being remanded due to the need for additional development, including VA examinations and obtaining relevant medical records.

The Board denied the veteran's claims for service connection for a deviated septum, sinus disorder, right ear hearing loss, and arthritis of the feet. The tinnitus claim was granted with a 10% disability evaluation.

The Board has dismissed the appeal due to the appellant's withdrawal of his appeal in its entirety.

The Board found that the veteran did not have a low back condition incurred or aggravated during service and denied her claim for service connection.

The Board found that the evidence did not support a finding of service connection for the veteran's low back disability, as there was no credible evidence linking his current condition to his military service.

The Board found no relationship between the veteran's lower and upper back disability and her period of service, thus denying her claim for service connection.

The Board of Veterans' Appeals has determined that the veteran's low back disability is not service-connected, as there was no evidence of a pre-existing condition in service and no chronic disability manifested during or within one year after service.

The veteran's appeal is being remanded for additional development and readjudication, including the issuance of a supplemental statement of the case (SSOC) addressing his claim for an increased disability rating for PTSD.

The Board found that the appellant does not meet the criteria for special monthly pension based on need for regular aid and attendance or being housebound due to her physical limitations.

The Board denied the veteran's claims for service connection for a low back disability, right ear hearing loss, left ear hearing loss, and psychiatric disorder. The decision found no causal relationship between the veteran's military service and his current disabilities.

The Board denied service connection for diabetes mellitus due to exposure to herbicides including Agent Orange and for a back disability on direct basis. The claims were not reopened.

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 issues of an increased rating for a hip disability, an increased rating for sinusitis, and whether new and material evidence has been submitted to reopen claims of entitlement to service connection for left knee disability are addressed in the remand appended to this decision.