Back / lumbar spine decisions — 2005

The Board has reopened the claim of service connection for pulmonary tuberculosis but denied it on the merits. The claim of service connection for a back disorder was also denied.

The veteran's claims for service connection for low back disorder, gastric ulcers, and residuals of burns to the left torso and back were granted. The effective date is not specified.

The veteran's low back strain and right knee disability are rated at 20% and 10%, respectively. The Board granted an increased rating of 40% for the low back strain, finding that it meets the criteria for such a rating. However, the right knee disability does not meet the criteria for a higher rating.

The Board has denied the veteran's claim for service connection for a bilateral knee disorder. The claims for service connection for bilateral foot and low back disorders are pending.

The Board has decided to remand the case for further development, including obtaining SSA records and possibly scheduling an examination. The veteran's claim seeks service connection for a low back disorder that he believes is related to his service-connected left knee disability.

The veteran's claim of entitlement to a rating in excess of 40 percent for mechanical low back pain with limitation of motion is being remanded due to the need for further development, including scheduling an examination and obtaining employment records.

The Board has remanded the case for additional development, including obtaining medical records and scheduling a VA examination. The veteran's claim for an increased rating for service-connected lumbar muscle strain is pending.

The veteran's PTSD is rated at the highest possible rating of 70 percent, and his left wrist fracture residuals are not entitled to a higher rating. Service connection for carotidynia, low back disorder, variously diagnosed respiratory disorders (including as due to an undiagnosed illness), peripheral neuropathy of the upper extremities, and left upper extremity tremor is granted.

The Board denied the appellant's request to reopen her claim for service connection for the cause of the veteran's death, finding that no new and material evidence had been presented.

The Board has denied the veteran's claims for service connection for emphysema and lung cancer due to a lack of evidence linking these conditions to his active service. The right lower leg scar is granted as service-connected, but the remaining claims are denied.

The Board granted the veteran's claims for increased evaluations for his low back disability and left ear tinnitus, as well as service connection for bilateral hearing loss, maxillary sinusitis, and migraine headaches. The claim for a right ankle disability was denied, as were those for a left ankle disability, and a bilateral knee disability.

The Board denied the veteran's claims for increased ratings for low back strain, dislocated gluteus maximus tendon over the right trochanter, and hemorrhoids. The claim of service connection for a kidney disorder as secondary to NSAIDS prescribed for service-connected disability was also denied.

The veteran's appeal is being remanded for further development, including a VA examination and consideration of the revised rating criteria for spine disabilities.

The Board has remanded the case for compliance with the Court's June 2004 decision, including ensuring that the notification requirements are fully satisfied and scheduling an audiological examination. The RO should also review the claims file to ensure all directives of this remand are complied with.

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

The Board denied the veteran's claims for compensation under 38 U.S.C. § 1151 and service connection for a left knee disability, finding that his pre-existing back condition was not aggravated by an inpatient fall at a VA facility in August 1991.

The Board found no evidence of a chronic back disorder during service or within one year after separation, and concluded that the current low back disorder did not develop as a result of any incident during service. Therefore, the claim for service connection for a low back disorder was denied.

The Board has determined that the RO failed to comply with VCAA notification and assistance provisions, and thus the case is being remanded for further development.

The Board found no evidence of current right hip or low back disorders that are related to service, and denied the veteran's claims for service connection.

The Board has dismissed the veteran's appeal for service connection for residuals of a right fourth finger fracture. The remaining issues of entitlement to service connection for neck, back, and left knee disorders are being remanded for further development.