Back / lumbar spine decisions — 2004

The Board is reopening the claim based on new and material evidence. However, further development is needed before making a decision on the merits of the service connection claim.

The veteran's service-connected herniated nucleus pulposus at L5-S1, with chronic low back pain, was granted a 40 percent disability rating effective October 10, 2002. His right and left wrist carpal tunnel syndromes were each assigned noncompensable ratings.

The Board has determined that the veteran's claimed conditions, including rheumatoid arthritis, right shoulder impingement, degenerative joint disease of the lumbar spine, status post foraminotomy and diskectomy, lumbar strain, degenerative arthritis of the hands, and degenerative arthritis of the knees, are related to service. The Board has granted these claims.

The Board has remanded the case for further development due to VCAA notice deficiencies.

The Board has determined that the appellant does not have PTSD, and there is no evidence of current disabilities involving shrapnel wounds or scarring to the right knee, upper lip and sinus. The claims for these conditions are therefore denied.

The Board found no evidence linking the veteran's current low back disorder to his service, and thus denied his claim.

The Board found no evidence linking the veteran's current back disorder to his military service and concluded that it was related to a post-service work-related injury.

The veteran's appeal is being remanded for additional development, including a VA medical examination to assess the current severity of her low back disorder and compliance with the Veterans Claims Assistance Act of 2000 (VCAA).

The Board has determined that the veteran does not have a current low back or cervical spine disorder, and therefore cannot establish service connection for these conditions.

The Board denied the veteran's claim of service connection for chronic low back disability, finding that new and material evidence had been received to reopen the claim but concluding that there was no current chronic low back disability related to service.

The veteran's cervical spine disorder is currently rated at 40 percent, effective from December 1994. His lumbar spine disorder has been increased to a 20 percent rating since the same date.

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

The veteran's appeal is being remanded for additional development, including a VA examination and consideration of new evidence. The issues include an increased evaluation for his service-connected condition and entitlement to special monthly pension.

The veteran's claims for service connection for various conditions, including major depressive disorder, blurred vision, hypertension, peptic ulcer disease, diarrhea, and a low back disorder with pain, were denied as the evidence did not show current disabilities or support a finding of an undiagnosed illness. The Board found that the claimed disorders are either accounted for by known clinical diagnoses or not manifested by chronic disabilities.

The Board has determined that new and material evidence has been submitted to reopen the veteran's claim of service connection for a low back disorder, which was previously denied in February 2000. The appeal is granted.

The veteran's claim for an increased evaluation for his service-connected lumbar myositis with chronic right L5 radiculopathy is being remanded due to the need for additional development, including obtaining medical records and considering revised rating criteria.

The veteran's appeal is being remanded for additional development, including VA examinations and the provision of a Supplemental Statement of the Case.

The veteran's low back disorder, manifested by some loss of lumbar lordosis and discomfort to palpation of the sacroiliac joints, was evaluated as 10 percent disabling. The RO found that moderate limitation of motion (LOM) of the lumbar spine had not been demonstrated at any time since the effective date of service connection.

The Board denied the appellant's claim for a total disability rating based on individual unemployability due to service-connected disabilities, including his depressive disorder secondary to lumbar disability.

The veteran's claim for service connection for a back disorder, including degenerative disc disease, is being remanded due to the need for additional medical records and an opinion regarding the etiology of his condition.