Back / lumbar spine decisions — 2004

The veteran's degenerative disc disease and spinal stenosis are granted as secondary to his service-connected bilateral pes planus. The right foot injury is not considered incurred or aggravated in peacetime service, and there is no evidence of a psychiatric disorder including post-traumatic stress disorder.

The Board has determined that the veteran's tremors, bilateral knee and ankle disabilities, and lumbar spine degenerative joint disease are all service-connected. The evidence supports these findings.

The Board denied the veteran's claims for an increased rating for his lumbar spine disability and for service connection for a shoulder disability. The effective date of the TDIU was also denied as a matter of law.

The veteran is seeking service connection for low back and right knee disorders, but the case has been remanded due to incomplete records and need for further examination.

The Board has remanded the case for additional development, including obtaining VA and private treatment records and scheduling a VA examination.

The Board denied the veteran's claims of entitlement to an increased disability rating for his service-connected low back strain and denied his claim for service connection for PTSD. The Board found that there was no current diagnosis of PTSD in the record.

The veteran's appeal is remanded due to the need for a more contemporary examination and consideration of relevant changes to VA's Rating Schedule. The case will be returned to the Board for further appellate review.

The Board has reopened the veteran's claim for service connection due to new and material evidence submitted since the November 1997 rating decision. The current low back disability, arthritis, is not related to the inservice injury.

The Board found that the appellant's current chronic back condition is not related to his military service and denied his claim. The bilateral knee condition was also not linked to his service, as no medical evidence linking it to his active duty was provided.

The Board found that the veteran's chronic dorsal-lumbar strain is no more than 20 percent disabling, warranting a 20% evaluation under Diagnostic Code 5292.

The Board has remanded the case due to incomplete records and instructed the RO to obtain Air Force and Social Security Administration records. The claim will be reconsidered based on these additional records.

The Board has remanded the case for additional development, including scheduling VA examinations and readjudicating the claims based on all evidence of record.

The Board denied the veteran's claims for service connection for PTSD and an increased rating for his spine disorder. The veteran does not currently suffer from PTSD, and his compression fracture of T5-6-7 with low back disability has not resulted in unfavorable ankylosis or neurological abnormalities.

The Board has remanded the case for further development due to changes in rating criteria and need for updated medical records.

The Board found that there is no evidence of shrapnel wounds to the legs in service, and no competent evidence of a nexus between any current arthritis of the legs and the veteran's period of active service. The claim for low back pain with spinal stenosis at L3-5, degenerative disc changes, and facet joint osteoarthritis was also denied as there is no evidence of a chronic low back disorder in service or within one year after service. Service connection for C6 fracture with quadriplegia as secondary to service-connected coronary artery disease and arteriosclerosis, status post coronary artery bypass graft, was denied.

The Board has determined that the veteran's claims for increased evaluations for lumbosacral strain and status-post laparoscopic enterolysis are denied as his conditions do not warrant higher ratings under the applicable rating criteria.

The veteran's appeal is being remanded for further development, including a new VA spine examination and readjudication of his claims.

The Board has determined that new and material evidence has been submitted to reopen the claim of service connection for a low back disorder, including a herniated nucleus pulposus at L5-S1. The veteran's representative was advised of his rights under VCAA.

The Board has remanded the case for additional development due to missing service medical records and clarification of certain claims.

The Board has remanded the veteran's claims for service connection for a low back disorder and a right knee disorder due to incomplete medical records, lack of examination, and other procedural issues.