Back / lumbar spine decisions — 2004

The Board has determined that a new VA examination is necessary to evaluate the veteran's service-connected low back disorder, given the revised criteria for rating spine disabilities.

The Board denied the veteran's claims for an increased rating for traumatic arthritis of the lumbosacral spine and entitlement to a TDIU, finding that his service-connected disability did not meet the criteria for a higher evaluation or render him unemployable.

The Board denied the veteran's claim for service connection for a back disability, finding that new and material evidence had been submitted but concluding that the veteran did not have a chronic back disability incurred in active duty.

The Board denied the appellant's claims for an increased disability rating for bilateral hearing loss and service connection for osteoarthritis of the lumbar spine. The veteran was granted service connection for bilateral hearing loss, but not for the low back disorder.

The Board has granted service connection for low back, cervical spine, bilateral foot and toe disabilities, and right ear hearing loss. The veteran's current conditions are found to be related to his military service.

The Board has remanded the case for further development and consideration of new evidence, including a September 2002 VA X-ray report and an attorney's November 2002 letter.

The veteran's appeal has been dismissed due to his death. The Board cannot proceed with the merits of the case as he is no longer alive.

The veteran's service connection claims for various conditions have been granted, with the exception of conjunctivitis. The left elbow disability is found to be related to service and rated at 20 percent. Other conditions are also found to be related to service.

The veteran claims compensation under the provisions of 38 U.S.C.A. § 1151 for additional disability of the left leg and low back as a result of surgical treatment by VA in January 1961. The Board has remanded the case to ensure compliance with VCAA requirements.

The Board denied the veteran's claims for service connection for a chronic acquired low back disorder, an initial rating in excess of 40 percent for cervical spine disability, and TDIU.

The Board has determined that new and material evidence has been received to reopen claims for service connection for hemorrhoids, low back disorder (previously characterized as developmental anomaly of the lumbar spine), hypertension, edema of the feet, ankles, hands, abdomen, and face, diabetes mellitus, abnormal laboratory findings, fibromyalgia, lupus, multiple sclerosis, liver disability (to include cirrhosis), respiratory (lung) disability, osteoarthritis of the major and minor joints, eye disability, tremors of the upper extremities, carpal tunnel syndrome, Meniere's syndrome, headaches with dizziness, nausea, and lightheadedness, chronic Candida, low back pain with pain radiating into the hips (previously characterized as developmental anomaly of the lumbar spine), an acquired hamstring disorder, an acquired bilateral hip disorder, a bilateral knee disorder, and a bilateral elbow disorder. However, service connection is not established for any of these conditions.

The Board has determined that additional development is needed to ensure compliance with the Veterans Claims Assistance Act of 2000 (VCAA). The case is being remanded for further action.

The Board denied the veteran's claims for service connection for a low back disorder and higher initial ratings for his right knee patellar femoral pain syndrome, post-operative meniscus tear, and residuals of crush injury to the right hand status post open reduction internal fixation of fracture of the fourth metacarpal and dislocation of the fifth metacarpal bones and tenolysis with limitation of motion of the wrist.

The Board has remanded the case for additional development, including a VA examination to assess the nature and etiology of the veteran's claimed back disorder.

The Board denied the veteran's claims for service connection for a low back disability, increased ratings for his right and left knee disabilities, and an increased rating for his fracture of the right third metatarsal. The RO has not assigned any compensable ratings to these conditions.

The Board denied the veteran's claims for service connection for a lumbar spine disability and a cervical spine disability, finding that these conditions were not incurred in or aggravated by service. The total rating based on individual unemployability due to service-connected disabilities was also denied.

The Board has determined that the veteran's persistent pain in her neck and upper back is attributable to a service-connected left shoulder disorder, with no evidence of any relationship between her current spine disability and active duty service.

The Board denied the veteran's claim for an increased rating for his service-connected postoperative residuals lumbosacral strain with disc disease, currently rated at 20 percent.

The Board found that the veteran does not have a low back disability as a result of her service and denied her claim for service connection.

The Board has granted service connection for chest pain, low back disability, dysthymic disorder, and prostatitis as due to undiagnosed illness from service in the Gulf War. The stomach disorder claim is not addressed.