Back / lumbar spine decisions — 2004

The veteran's appeal is being remanded for a videoconference hearing at the RO before a Member of the Board.

The Board denied the veteran's claims for service connection of right knee, low back, and bilateral ankle conditions. The effective date for an increased rating of 20% for his left knee condition was also denied.

The Board denied the veteran's claims of entitlement to service connection for a respiratory disorder and a low back disorder, finding that there was no evidence showing a nexus between his current conditions and his military service.

The Board has granted service connection for hypertension and assigned a 40 percent rating for the veteran's low back disability, effective from December 1, 2003. The decision also addressed the veteran's claim for higher evaluation of his low back disability.

The veteran seeks service connection for a back disability. The RO will ensure that all notification and development required by the Veterans Claims Assistance Act of 2000 is completed, including providing notice as to which portion of the information and evidence is to be provided by the claimant and which will be obtained by VA on their behalf.

The Board found that the veteran's nonservice-connected disabilities did not prevent him from securing and following substantial gainful employment, thus denying his claim for a permanent and total disability rating for pension purposes.

The Board finds that the veteran does not have a current disability related to her bilateral knee conditions or low back condition. The claim for service connection is being remanded due to insufficient evidence.

The Board has determined that the veteran does not have a separate back disability and therefore, service connection for a back disability is denied.

The veteran's service-connected right knee injury is productive of moderate impairment, and he has been granted an increased rating to 20 percent. Service connection for secondary low back and right ankle disorders was also granted.

The Board has granted service connection for the veteran's low back disability as secondary to his service-connected residuals of fracture of the left tibia and left fibula. The TDIU claim is remanded for further development.

The veteran's death was caused by a non-service-connected heart disorder, but the service-connected low back disorder contributed to his health and made him less capable of resisting the effects of the primary cause of death. The Board found that the service-connected condition materially contributed to the veteran's death.

The Board has granted the veteran's claim for an increased rating in excess of 20 percent for service-connected degenerative disc disease of the lumbar spine. The issue regarding residuals of a right ankle fracture was reopened, and the Board found that these residuals were incurred during active duty.

The Board has decided to remand the case for further development due to incomplete service medical records and the need for a VA examination.

The Board has decided to remand the case due to the need for further evidentiary development, including a VA medical examination.

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

The Board found that the veteran's claimed low back disorder, neck pain, shoulder pain, rapid heartbeat and chest pains, and sensory disruptions below the left scapula were not incurred in or aggravated by service. The Board also determined that these symptoms are manifestations of his service-connected hiatal hernia with GERD.

The veteran's claim for an increased evaluation in excess of 40 percent for his service-connected gunshot wound residuals with partial paralysis of the left lumbar plexis, damage to the illiopsoas muscle and limitation of motion of the left hip and left ankle is being remanded due to incomplete notification under the VCAA.

The Board has determined that new and material evidence has been received to reopen the veteran's claim for service connection of a low back disorder. The Board finds that the current low back disorder is related to the veteran's active service as an infantryman, and grants service connection on a direct basis.

The veteran is seeking an increased evaluation for her service-connected lumbosacral strain, currently rated at 10 percent. The Board has remanded the case to ensure all necessary development and consideration of the claim.

The Board has denied the veteran's claims for service connection for skin cancer and a back disability, finding that there is no evidence linking these conditions to his military service. The claim for bilateral hearing loss and pilonidal cyst was not addressed in this decision.