Back / lumbar spine decisions — 2004

The Board found that the veteran's low back disorder was incurred in service due to a pre-existing condition aggravated by his military service.

The Board found that the veteran's cervical and lumbosacral spondylosis can be linked to an injury sustained in service, resulting in a full grant of the benefit sought on appeal.

The veteran's low back disability is currently rated at 40 percent, but the Board found that it does not meet the criteria for a higher rating based on his symptoms and clinical findings.

The Board has granted the application to reopen the previously denied claim of service connection for a back disorder. The remaining claims, including those related to immune system damage, myositis, psychiatric disorders, COPD and asthma, actinic keratosis, right knee disorder, hiatal hernia, and gastroesophageal reflux disease, are remanded for further development.

The veteran's service-connected disabilities do not meet the criteria for a compensable disability rating for bilateral hearing loss and his TDIU claim is denied as he can still secure and follow substantially gainful employment.

The Board has remanded the case for further development due to potential incomplete medical records and for appropriate examinations.

The veteran is seeking an earlier effective date for the grant of a total disability evaluation based on individual unemployability due to his service-connected low back disability. The RO must obtain and consider VA treatment records from Tuscaloosa VAMC between June 1998 and June 1999, ensure all notification and development actions required by the VCAA are fully complied with, and readjudicate the issue.

The Board has determined that additional development is needed, including scheduling a VA examination and obtaining all outstanding medical records. The veteran's claim for an increased rating for his service-connected chronic lumbosacral strain will be remanded to the RO.

The Board has determined that new and material evidence has been received to reopen the veteran's claim of service connection for a back disability, and thus the claim is reopened. Further development is required as the claim must be remanded to the RO.

The Board found that the veteran's service-connected lumbar strain with left piriformis group strain is productive of no more than severe impairment, which is contemplated by his current 40 percent rating. Therefore, the claim for a higher rating was denied.

The Board has found new and material evidence to reopen the claim for service connection for a back disability, which was previously denied in 1999. The claim will now be reviewed on its merits.

The veteran's claim for an increased rating for his service-connected lumbosacral strain was denied by the RO. The case is being remanded to obtain more recent treatment records and to schedule a VA examination.

The Board has decided that the veteran's claim of service connection for a low back disability should be remanded to obtain additional medical evidence and determine if there is any link between his active duty service and his current condition.

The Board has determined that the veteran's claim for service connection for a low back disorder is reopened and new evidence supports this decision. However, further examination and medical opinion are needed to determine if his current low back condition is related to his military service or exposure to ionizing radiation.

The Board denied the veteran's claim for special monthly pension benefits based on his spouse's need for regular aid or attendance, finding no legal provision allowing such additional benefits.

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

The Board found that the veteran's degenerative disc disease of the lumbar spine was not incurred in or aggravated by active military service, nor may it be presumed to have been so incurred.

The Board is remanding the case to the RO for further development, including obtaining clarifying medical opinions and additional VA and private medical records.

The Board denied the veteran's claims for increased ratings for lumbosacral strain and paravertebral muscle spasm, cervical spine. The RO had previously denied these claims in December 1994.

The Board has remanded the case due to procedural defects and additional development is required.