Back / lumbar spine decisions — 2004

The veteran's appeal is being remanded for additional development of his claims, including obtaining service medical records and scheduling examinations to assess the severity of his low back strain, right shoulder condition, and psychiatric issues.

The veteran's claim for an increased rating for fibromyositis of the lumbar paravertebral muscles with limitation of forward bending is being remanded due to incomplete medical records and the need for additional VA examinations.

The Board has determined that the veteran's low back disorder is aggravated by his service-connected right knee disability, warranting a finding of secondary service connection. However, the claim for an increased rating for the right knee condition remains denied.

The Board has ordered a remand due to the need for a VA examination to determine if the veteran's lumbar stenosis is related to his service-connected pes planus with right great toe fusion.

The Board has remanded the case for additional development, including obtaining medical records and arranging for VA examinations to assess the veteran's low back disability and PTSD. The issues of increased rating for low back disability and service connection for PTSD are pending.

The Board denied the veteran's claim for service connection for a low back disorder, finding that there was no evidence of a nexus between his current disability and either his in-service condition or a service-connected disability.

The veteran is seeking service connection for lumbar degenerative arthritis, which he claims is related to his low back strain. The VA examiner found no direct relationship between the two conditions but did find that the veteran's low back strain may have aggravated his pre-existing lumbar degenerative arthritis.

The Board has determined that the veteran's right lung disorder, low back disorder, and asthma are not service-connected due to lack of evidence linking these conditions to his military service.

The Board denied service connection for a back condition and psychiatric disorders, finding no evidence of such conditions related to the veteran's active service.

The Board has remanded the case due to inadequate notification and development, need for a name change verification, and need for VA examinations regarding back disorder, right leg disorder, hearing loss, and tinnitus.

The Board has decided to remand the veteran's claims for service connection and increased evaluation due to incomplete development of his medical records, including those from active duty, reserve service, private treatment providers, and VA facilities. The RO is instructed to obtain all relevant records and provide the veteran with a VA examination to determine the nature, extent, and etiology of any lower back disability and schizophrenia.

The Board has determined that the appellant's lumbar strain disability warrants a rating of 20 percent, which is consistent with his symptoms and clinical findings. The appeal for service connection for degenerative disc disease was granted.

The Board denied the veteran's claims for an initial evaluation in excess of 40 percent for his lumbar spine injury with degenerative disc disease and a prior effective date, finding that the law does not provide for an effective date prior to January 12, 2000.

The VA denied service connection for degenerative disc disease of the cervical spine, finding no evidence linking it to active military service.

The veteran's claims for service connection for a right leg condition and low back condition were denied. His claim for pes planus was granted, but he is not entitled to compensation as it is determined that the condition existed prior to his military service.

The veteran's claims for increased ratings for diabetes mellitus, diabetic neuropathy of the legs, and PTSD were denied. Service connection for a back disorder was also denied.

The Board found no evidence linking the veteran's current left shoulder and back disabilities to service, thus denying service connection for both conditions.

The veteran's claims for increased ratings were denied as the evidence did not meet the criteria for higher evaluations under VA rating criteria.

The veteran is seeking an increased rating for his service-connected lumbar spine disability, which has been rated at 20 percent. The RO should evaluate the claim with consideration of staged ratings consistent with Fenderson and adjudicate based on the amended criteria effective September 26, 2003.

The Board denied the veteran's claim to reopen his service connection for a back disorder, finding that new and material evidence had not been submitted sufficient to warrant reopening of the claim.