Back / lumbar spine decisions — 2005

The Board found that the transient ischemic attack was not caused by VA treatment, including an epidural injection in the lower back. The veteran's TIA is denied under 38 U.S.C.A. § 1151.

The VA has determined that the veteran's cervical spine disability, which includes traumatic arthritis and degenerative disc narrowing, does not warrant a rating greater than 40 percent.

The veteran's postoperative cervical intervertebral degenerative disc disease with fusion at C5-C6 is rated as 30 percent disabling under the schedular rating. The claim for a compensable initial rating for myalgia of the upper back was granted.

The veteran's appeal is being remanded for additional development, including obtaining a VA examination to assess the severity of his right ankle disability and determine if it is related to service. The back disability claim will also be evaluated with another VA examination.

The Board denied the veteran's claims for service connection for bilateral hearing loss and knee disabilities, as well as his claim to reopen a previously denied back disability. The decision also addressed evaluations for right and left hip disabilities, finding that they did not meet criteria for higher ratings.

The Board has remanded the veteran's claims for an increased rating for a right knee disability and service connection for a chronic back disorder as secondary to his service-connected right knee disability due to conflicting evidence. The veteran should be scheduled for another VA examination.

The Board has remanded the veteran's claims for service connection due to insufficient evidence. The initial disability evaluations for GERD, plantar fasciitis of the left foot, and right foot are maintained at 10 percent.

The Board has remanded the case due to incomplete medical records and for a VA examination.

The veteran's appeal is being remanded to the RO for further development due to inadequate examination reports and incomplete records.

The veteran's claim for an earlier effective date for service connection of degenerative disc disease of the lumbar spine is being remanded due to a newly raised issue of clear and unmistakable error (CUE) in a prior rating decision.

The Board denied the veteran's claims for service connection for a low back disorder, skin rash (claimed as due to exposure to Agent Orange), defective vision, and borderline personality disorder. The effective date for the grant of service connection for PTSD was set at April 4, 2002.

The Board denied the veteran's claims for service connection for right shin splints and low back pain, finding no competent medical evidence linking these conditions to his period of active service.

The Board found that the veteran's current back conditions were not caused by military service and denied his claims for service connection.

The Board denied service connection for low back strain, PTSD, tremors (to include Parkinson's disease), headaches, and COPD. The veteran's claims were not supported by evidence of in-service stressors or a nexus to service.

The Board found no new and material evidence to reopen the claims for service connection for low back disorder and nasal disorder. The veteran's statements regarding in-service injuries were considered cumulative of previously submitted evidence.

The Board denied increased ratings for gunshot wound residuals of the abdominal region, lumbar region, and peritoneal adhesions.

The Board has remanded the case to the RO for additional evidentiary and due process development.

The veteran's claim for an increased evaluation for his lumbar disc disease with limitation of motion was denied. The decision to decrease the rating from noncompensable to 40 percent effective August 1, 1976 and the decision to grant a 40 percent evaluation effective November 30, 1998 were both found to be clearly and unmistakably erroneous.

The Board finds that the appellant's current low back disorder was caused by an incident of service, and thus grants his claim for service connection.

The Board has reopened the veteran's claims for service connection for a back disability and bilateral hearing loss, but determined that new evidence does not warrant reopening of his claim for service connection for bilateral hearing loss. The back disability claim is granted on the merits.