Back / lumbar spine decisions — 2005

The Board finds that the veteran's current low back disability, manifested by disc disease and arthritis, is likely due to his in-service injury. Therefore, service connection for this condition is granted.

The Board has remanded the case for additional development due to the need to obtain SSA records and address the veteran's claim for Social Security Administration disability benefits.

The veteran's case is being remanded for scheduling a hearing before the Board of Veterans' Appeals. He requested a video or travel Board hearing due to his health issues.

The veteran's claims for higher initial evaluations for his right shoulder and low back disabilities are denied as the effective dates assigned are considered the earliest possible under VA regulations.

The Board has determined that the veteran does not have a current low back disability and there is no evidence linking his current sinus disability to service. The claim for service connection for a sinus disability with headaches was denied as new and material evidence had not been received.

The veteran's appeal is being remanded to the RO for further development and consideration of her claims, including obtaining additional medical records and arranging for VA examinations.

The Board has determined that the veteran's left knee and lower back disabilities are secondary to his service-connected right knee disability, resulting in a grant of service connection for these conditions.

The Board has reopened the claim for service connection for an acquired psychiatric disability and granted it. Service connection is also granted for a back disability, but not for a left knee disability or pes planus with pain in the metacarpal phalangeal joints, big toe, left foot.

The Board has remanded the case due to incomplete service records and the need for further investigation into the veteran's National Guard service, including dates of service and any potential back injury. The veteran is asked to provide information about his treatment in 1984.

The veteran's appeal is being remanded to the RO for additional development, including informing him of the information and evidence needed to substantiate his claim for an earlier effective date for TDIU.

The Board denied increased ratings for Achilles tendonitis and service connection for knee and lumbar spine disabilities as secondary to service connected Achilles tendonitis. The claims were also not reopened.

The Board denied the veteran's claims for service connection and compensation under 38 U.S.C.A. § 1151 due to lack of new and material evidence, and found that there was no additional disability caused by VA medical treatment.

The Board has decided to remand the case for further development, including obtaining service medical records and chiropractic care records. The veteran's claim will be reviewed again after these additional steps are taken.

The Board has granted service connection for degenerative changes of the lumbar spine and assigned a rating, but denied increased ratings for PTSD and SFW residuals. The case is remanded to consider further development of these issues.

The veteran's appeal is being remanded to the RO due to additional evidence needing to be considered and for addressing a request to reopen a claim of service connection for low back disability. The issues include seeking an increased rating for PTSD, requesting a TDIU, and reopening a previously denied claim for low back disability.

The Board found that new and material evidence had been submitted to reopen the veteran's claim of entitlement to service connection for a hiatal hernia with heartburn, and granted an effective date of May 26, 2000 for the award of service connection for PTSD. The issue of service connection for a chronic lumbosacral spine disorder was remanded.

The veteran's claim for an increased rating for chronic lumbosacral strain is being remanded due to the need for further examination and consideration of recent revisions in VA's rating criteria for spine disorders.

The Board denied the veteran's claims for service connection for bilateral hearing loss, heart disability with associated visual disorder, low back disability, residuals of head injury other than headaches, and right hip disability.

The veteran's claims for higher ratings were denied. The RO increased the disability rating for patellofemoral syndrome of the right knee from 10 to 20 percent effective June 11, 2002 and for left patellofemoral syndrome from a zero percent to a 10 percent rating effective April 13, 2004. The veteran's claims for lumbosacral strain and varicose veins were not addressed in this decision.

The case is being remanded to the RO for additional development, including obtaining medical records and notifying the veteran of recent changes in the rating schedule for evaluating disabilities of the spine. The RO should consider all evidence and regulations before readjudicating the issues.