Back / lumbar spine decisions — 2004

The Board has decided to remand the case for additional development of the record, including obtaining medical records and clinical records from Social Security Administration.

The veteran's claims for service connection for back and leg disorders are being remanded due to the lack of available service medical records. The VA is instructed to attempt to obtain relevant hospital records from Japan, request alternative evidence from the veteran, and schedule a VA examination.

The Board of Veterans' Appeals has determined that the veteran does not have degenerative joint disease and discogenic disease of the lumbar spine related to his active military service or a service-connected disability.

The Board found no evidence to support service connection for a low back disability and denied the claim. The rating for PTSD was increased to 50 percent, effective January 14, 2000.

The Board found that the veteran's current back, obesity, and sleep apnea disabilities are not related to his military service. The RO denied these claims.

The Board denied the veteran's claims for service connection for back disorder, anemia, and neck disability. The evidence did not establish a current disability or link to military service.

The RO granted increased evaluations for the veteran's right knee disability, bilateral pes planus, and status post fracture of the right distal tibia and fibula. The initial evaluation for chronic intermittent low back strain was also granted.

The Board denied service connection for a back disorder secondary to the service-connected left hip disorder, and also denied an increased evaluation for the left hip disability and TDIU.

The veteran's service-connected lumbar strain/degenerative disc disease is currently rated at 40 percent, the maximum schedular rating for severe limitation of motion. The VA examiner found no evidence of incapacitating episodes, radiculopathy, or ankylosis.

The veteran's claim for an increased evaluation for his service-connected disabilities, including asthmatic bronchitis, myositis of the lumbar spine, conjunctivitis, histoplasmosis, and bilateral hearing loss, was granted. The effective date for a TDIU is set at March 19, 1991.

The Board has granted the veteran's claims for an increased evaluation for degenerative disc disease L4-L5 and service connection for a mood disorder as secondary to his service-connected lumbar disability. The TDIU rating claim is not addressed in this decision.

The veteran's appeal is being remanded due to the need for consideration of revised rating criteria and potential prejudice.

The veteran's claims for service connection for a back disorder and shoulder disorder are being remanded due to the need for additional medical examination and development of records.

The Board has determined that the submitted evidence is not sufficient to reopen the claim of service connection for a low back disorder.

The Board found no evidence linking the veteran's current back disorders to his service, thus denying service connection for degenerative disc disease and intraspinal cystic lesions. The claim for PTSD was not addressed due to incomplete verification of claimed stressors.

The Board denied the veteran's claims for a compensable rating for bilateral hearing loss and service connection for low back disability.

The Board denied the veteran's claims for increased ratings for his low back disorder, right Achilles tendon, and left Achilles tendon disabilities. The appeals were not adjudicated on service connection for postoperative residual scars of the low back and Achilles tendons of each ankle.

The Board has remanded the case for further development, including consideration of whether a staged rating is appropriate for the period from January 1998 to August 2001. The veteran's claim for an increased rating for his lumbar spine disability will be reviewed under the proper criteria.

The Board denied the veteran's claims for service connection for a chronic low back disorder and residuals of a left wrist fracture, finding that no new and material evidence had been received to reopen his claim for infectious hepatitis.

The veteran's right knee disability is currently rated at 20 percent, and his low back disability is rated at 40 percent. Both conditions are considered to be service-connected.