Back / lumbar spine decisions — 2005

The veteran's appeal is being remanded to the RO for additional development, including allowing time for stressor verification and reviewing his claim for service connection for PTSD. The issues of whether new and material evidence has been received to reopen claims for arthritis of the lumbosacral spine, a ganglion cyst of the right wrist, and gout; and for increased ratings for hearing loss and diabetes mellitus are being remanded as well.

The Board denied service connection for a low back disorder and a mass of the right arm, including as due to exposure to Agent Orange. The veteran's claims were based on direct evidence rather than presumptive exposure to herbicides.

The Board has reopened the veteran's claim for service connection of a back disorder and granted it. The claim for hepatitis C was not addressed in this decision as it is being remanded.

The VA denied the veteran's claim for an increased evaluation for his service-connected low back pain syndrome, currently rated at 40 percent. The Board found that the evidence did not support a higher rating.

The Board has determined that the veteran's neck disability warrants a 20 percent rating, reflecting moderate limitation of motion.

The Board denied the claim for service connection for a back condition, finding that the character of the appellant's discharge from service was dishonorable and thus constituted a bar to VA benefits.

The veteran's claim for reimbursement of unauthorized medical expenses for dental treatment and surgeries at the UAB School of Dentistry between August 2001 and May 2002 is denied because the care was not rendered in a medical emergency that would have been hazardous to his life or health.

The Board denied the veteran's claim for a disability rating in excess of 20 percent for his service-connected degenerative joint disease of the lumbar spine, finding that the evidence supported only a 20 percent rating.

The veteran's claim for increased ratings for lumbosacral strain with degenerative disc disease, L4-L5 and L5-S1 was denied. The RO found that the condition did not meet criteria for a rating in excess of 20 percent from April 6, 2000 to December 19, 2004, or 40 percent since December 20, 2004.

The Board found no evidence of a gastrointestinal or back disorder during service, and the medical opinions provided did not establish a link between any current conditions and service. The veteran's claims for service connection were therefore denied.

The Board has determined that the veteran's current back disability did not begin during military service or within a year of separation, and thus denied his claim for service connection.

The Board has remanded the case due to insufficient medical nexus opinions regarding the relationship between the veteran's current disabilities and his military service.

The veteran is seeking service connection for a low back disorder. The Board has decided to remand the case due to incomplete medical records and the need for an examination.

The Board has determined that the veteran's death was not caused by any service-connected disability, and thus denied the claim for service connection for the cause of the veteran's death.

The Board found that the veteran's low back disorder existed prior to service and was not aggravated by service beyond its natural progression, thus denying her claim for service connection.

The Board has remanded the case for obtaining additional medical records and reviewing the claim for service connection for degenerative disc disease of the cervical spine.

The Board denied the veteran's claim for a referral for an extraschedular rating for service-connected chronic lumbar strain with arthritis, finding that there was no evidence of marked interference with employment or frequent periods of hospitalization due to his condition.

The veteran's service-connected degenerative disc disease at L2-L3 was not granted a higher evaluation, and his claim for fatigue on a direct basis was denied.

The veteran's degenerative arthritis of the lumbar spine was evaluated as 20 percent disabling since August 2, 1996.

The Board has remanded the case for further development, including obtaining VA and private medical records, and affording the veteran with a VA examination to determine the etiology of his lumbosacral disorder.