Back / lumbar spine decisions — 2005

The Board has determined that the evidence submitted since the September 1982 denial is not new and material, thus denying the reopening of the claim for service connection for a lumbar spine disability.

The veteran's claims for increased evaluations for his low back disorder, right knee meniscal tear, and right knee arthritis were denied. The veteran was granted a compensable evaluation (10 percent) for his residual scar from the urethroscope/meatotomy procedure.

The Board denied the veteran's claims for increased ratings for his service-connected back disabilities, finding that the evidence did not meet the criteria for a higher rating under the applicable diagnostic codes.

The Board denied service connection for an acquired psychiatric disorder (including PTSD) and a back condition, finding no evidence of in-service injury or exposure that could support these claims.

The Board denied the veteran's claim for service connection for genetic transitional vertebra at L5-S1 with secondary slight lumbar scoliosis, finding no persuasive medical nexus evidence of such conditions during or as a result of his military service.

The Board has remanded the case to obtain additional medical records and determine if the veteran's lumbar spine disability is secondary to his service-connected right knee disability. The appeal will be further considered after these actions.

The Board denied the veteran's claims for service connection for various conditions, including a left leg disability, blood condition, impotence, psychiatric disorder (claimed as nervousness and depression), right arm disability, arthritis, and memory loss, all secondary to exposure to Agent Orange.

The Board has determined that the veteran does not have a bilateral foot disability, back disability, or left knee disability related to active service. The numbness of the right arm is also not considered secondary to a service-connected back disability.

The Board has reopened the claim of service connection for a low back disorder and remanded the secondary service connection for depression issue due to new evidence submitted by the veteran.

The Board denied the veteran's claims for service connection for COPD, dry eyes, and a low back disability. The decision is final as it was not appealed within one year of the RO's September 1991 denial.

The Board has remanded the case due to the need for additional medical examination and records review.

The Board has determined that the veteran's low back disorder was not incurred or aggravated by service, and therefore denied his claim for service connection.

The veteran's claims for increased ratings for his low back disability, right acetabulum, left acetabulum, and left knee disability are being remanded due to the need for additional development including obtaining relevant medical records and scheduling a VA examination.

The veteran's appeal is being remanded for additional development to ensure compliance with the Veterans Claims Assistance Act of 2000 (VCAA).

The Board has determined that the veteran did not submit a timely substantive appeal for his claim of service connection for generalized anxiety disorder. The RO's January 1999 decision denying memory loss symptoms as a chronic disability resulting from undiagnosed illness is final. New evidence received since the January 1999 decision supports reopening this claim, but does not establish service connection.

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. The reopened claim will be addressed in the remand portion of this decision.

The Board has determined that additional evidence is needed to fully and fairly consider the veteran's claim for service connection for degenerative disc disease, L4-L5, postoperative. The case is being remanded to obtain relevant medical records and to schedule a VA examination.

The Board has determined that additional VA examinations are needed to address the etiology of the veteran's claimed disabilities, and remands the case for further development.

The Board has remanded the case for further development to determine if all service-connected disabilities, including significant hearing loss, preclude the veteran from obtaining or maintaining gainful employment.

The Board denied the veteran's claim for an evaluation in excess of 40 percent for low back strain with neurological deficit, finding that his disability was primarily manifested by daily pain and moderate limitation of motion without incapacitating episodes or muscle spasms/radiculopathy.