Back / lumbar spine decisions — 2005

The veteran's claim for an initial rating higher than 40 percent for spondylolisthesis of the lumbosacral spine with degenerative disc disease and arthritis is being remanded due to new evidence received after the most recent supplemental statement of the case.

The Board has remanded the case for additional development and due process concerns, including obtaining an opinion on whether current ankle, knee, or back disabilities are aggravated by service-connected traumatic arthritis of the great toes.

The Board denied the claims for service connection for tinnitus, left knee disorder, right knee disorder, and back disorder. The claim of service connection for hepatitis C is pending and will be remanded.

The Board denied the veteran's claims for service connection for arthritis affecting his cervical and lumbosacral spines, knees, and ankles as secondary to his service-connected burn scars. The veteran was also denied increased ratings for his third degree burn scars of the posterior left lower extremity, right lower extremity, and chest/back area.

The veteran has withdrawn his appeal, and the Board does not have jurisdiction to review it.

The veteran's lumbar strain and right wrist disorder have been evaluated at the 10 percent level, with no higher evaluations granted. The right great toe disorder has received a compensable evaluation.,Service connection for bronchitis was not established.

The Board has denied the veteran's claim of entitlement to service connection for lumbosacral strain due to a lack of current diagnosis and no evidence linking her current disability to an in-service injury or disease.

The veteran's appeal has been withdrawn before the Board could make a decision.

The Board denied service connection for left knee, right knee, and lumbar spine disorders. The veteran's PTSD was rated at 50 percent prior to March 2, 2005, with a staged increase to 70 percent thereafter.

The Board of Veterans' Appeals (BVA) has remanded the case to the RO for additional examination and development, including obtaining VA medical records and arranging for a neurological and orthopedic examination. The BVA is seeking further information from the veteran regarding his service-connected back disability.

The Board has determined that the veteran's schizophrenia is service-connected, and he does not have flat feet, a low back disorder, a vision disorder, a throat disorder, a left side injury, or a bilateral ankle disorder.

The Board denied the veteran's claims for service connection for a right knee disability and whether new and material evidence has been submitted to reopen his claim for service connection for a back disability.

The Board denied the veteran's claims for service connection of a right knee disability and a back disability. The decision found no evidence linking these disabilities to service or service-connected conditions.

The veteran's appeal is being remanded for additional development, including obtaining medical records and conducting examinations to determine the etiology of his back and stomach disorders.

The Board has reopened the claim for service connection due to new and material evidence submitted by the veteran, including private treatment records from Dr. Reineck and Social Security disability records. The evidence does not establish a direct link between the veteran's current back disability and his military service.

The veteran's claims for service connection were denied. The appeals are all based on reopening of previously denied claims, and the issues involve new evidence.

The veteran's service-connected bilateral pes planus is not currently manifested by painful motion, edema, disturbed circulation, weakness, atrophy, tenderness, or other deformity. The evidence does not show a current diagnosis of a low back disorder, to include lumbosacral strain. Service connection for the veteran's claimed conditions was denied as there is no indication that these disabilities are related to his military service.

The Board has reopened the veteran's claim for service connection due to new evidence, but has denied the claim on the merits as there is no causal link between his current neck and shoulder disabilities and his military service.

The Board has granted the veteran's application to reopen his previously denied claim of entitlement to service connection for a back disability. The reopened claim will require additional development and is the subject of the remand appended to this decision.

The veteran's lumbar spine disability was granted an increased rating of 40 percent effective January 20, 2005.,A separate compensable rating for a tender painful lumbar surgical scar was also granted.