Back / lumbar spine decisions — 2004

The veteran seeks service connection for a low back disorder, which is currently diagnosed as a current low back disorder. The Board has decided to remand the case for further development and consideration.

The Board has dismissed the appellant's appeal of his claim for service connection for low back strain due to his withdrawal during a hearing.

The veteran's claim for an increased evaluation of his service-connected lumbosacral strain is being remanded due to the need for additional development, including obtaining VA medical records and scheduling a VA examination.

The Board has denied the veteran's claims for increased ratings and secondary service connection for his back disorder and right hip replacement, as well as his attempt to reopen a claim of service connection for sinusitis. Further development is needed to obtain VA treatment records.

The Board has reopened the veteran's claims for service connection for a back disorder and pes planus, and granted an increased rating of 100% for shin splints.

The veteran's appeal is being remanded for additional development of his claims, including obtaining medical records and ensuring compliance with notification requirements.

The Board denied the veteran's claim of entitlement to service connection for a back disability, including lumbar disc disease. The decision is based on the lack of clear and convincing evidence linking the current condition to service.

The Board denied service connection for a low back disability, finding no evidence of such condition during active duty or post-service. Service connection was granted for loss of vision of the left eye (esotropia with amblyopia), which pre-existed military service and did not worsen during service.,A compensable rating of 10% was assigned for residuals of a right ring finger injury, as the condition manifested limited motion in the affected digit.

The veteran's appeal for an increased rating for low back strain is being REMANDED to the RO for consideration of the revised rating schedule criteria. The RO will reassess his claim based on these new criteria.

The Board has determined that the veteran does not have chronic residuals of a left knee injury, low back injury, bilateral hearing loss, or left ankle injury as claimed. The claims are denied.

The veteran's claim for service connection for a back disorder is denied. The claims for increased ratings for right knee anterior cruciate ligament reconstruction and degenerative joint disease of the right knee are granted, each with a rating of 20 percent.

The veteran's diabetes mellitus type II is presumed to have been incurred in service due to herbicide exposure. The effective date for PTSD service connection was granted retroactively to February 22, 2002, and the initial disability evaluation for PTSD was increased to 50 percent from May 31, 2003.

The Board has determined that the appellant's service-connected disabilities render him unable to secure or follow a substantially gainful occupation, and thus grants a total disability rating for compensation purposes based on individual unemployability.

The Board denied the applications to reopen previously denied claims of service connection for a psychiatric disorder, low back disorder, right and left knee disorders, cluster migraine headaches, and chronic fatigue. The evidence received since the previous decisions was not new and material.

The veteran's appeal is remanded due to procedural defects and additional development needs, including obtaining VA treatment records, scheduling orthopedic and scar examinations, and issuing a Statement of the Case if benefits cannot be granted.

The veteran's service-connected degenerative disc disease, status post T6 compression fracture, was granted a disability evaluation of 40 percent effective October 30, 2003.

The Board found that the appellant's low back disability was not incurred or aggravated by service and denied his claim for service connection.

The Board has determined that the veteran's bilateral ankle disorder and compression fracture of the lumbar spine are not related to service or any service-connected disability. The knee disorder is also unrelated to service or service-connected disability.

The veteran's claim for an increased disability evaluation for service-connected chronic low back pain is being remanded due to the need for additional development, including a VA orthopedic examination to determine whether current spine symptoms are attributable to his service-connected low back strain or post-service injury.

The Board has granted a full grant of the benefit sought as to the low back claim, finding that the veteran's chronic low back strain and degenerative arthritis are related to his service-connected left ankle disorder. The increased rating for residuals of a fracture of the left lateral malleolus remains at issue.