Back / lumbar spine decisions — 2006

The Board has remanded the case for additional development, including obtaining medical records and providing a VA examination to determine the etiology of the veteran's neck and back disorders. The issue of increased rating for PTSD is also being remanded.

The Board has determined that the veteran's current back and right ankle disabilities are related to his military service, thus granting service connection for both conditions.

The veteran's appeal is dismissed due to the death of the appellant.

The veteran's claims for service connection for various conditions, including bilateral pes planus, right shoulder condition (including arthritis and arthralgia), left knee condition, right ankle condition, back disorder, left ankle condition, chalazion of the left eyelid, conjunctivitis, and kidney condition have all been denied. The veteran is seeking to reopen these claims.

The Board has reopened the claim of service connection for a low back disorder on secondary basis to the service-connected knee disabilities. The case is REMANDED for further development, including obtaining an opinion regarding whether the current low back disability was caused or aggravated by the service-connected knee arthritis.

The veteran's appeal is being remanded due to the need for additional VA examinations, treatment records retrieval, and review of his claims file. The issues include a request for an increased disability rating for his service-connected low back injury with degenerative changes and a claim for TDIU.

The Board has granted the veteran's claim to expand his service connection for low back strain to include arthritis and degenerative disc disease of the lumbar spine, finding an approximate balance of positive and negative evidence on whether these conditions are a progression or etiologically related to his service-connected disability.

The VA denied the veteran's claims for an increased rating for his service-connected degenerative disc disease of the lumbosacral spine and also denied his claim for service connection for a spine disability other than the already service-connected condition. The VA found that the veteran's current disability did not warrant a higher evaluation based on the criteria provided.

The Board has remanded the case for further action, including scheduling a hearing before a Veterans Law Judge.

The Board has determined that new and material evidence has been submitted to reopen the claim of service connection for a lumbosacral strain. The veteran's pre-existing low back condition is considered to have existed prior to his active service, but there is no clear and unmistakable evidence showing it was not aggravated by service.

The Board has reopened the veteran's claims for service connection for various conditions, including a left knee disorder and PTSD. The rating of 10 percent for tinnitus remains unchanged.

The Board has remanded the case for additional development to obtain missing service records and medical records.

The Board denied an increased rating for low back strain with degenerative disc disease and degenerative joint disease, L3-L4, L4-L5 in October 2005. The veteran's motion alleging clear and unmistakable error (CUE) was denied.

The Board found that the veteran's degenerative disc disease of the back was not incurred in or aggravated by service, and may not be presumed to have been incurred therein. The evidence did not establish a direct relationship between his service and his current condition.

The Board denied the veteran's claims for increased ratings for his degenerative joint disease of the lumbosacral spine and left paracentral disc protrusion, status post fracture, with anterior wedging of the thoracic spine. The RO initially evaluated both conditions as 20 percent disabling under Diagnostic Codes 5293 (for intervertebral disc syndrome) and 5285 (for residuals of vertebral fracture), respectively.

The Board finds that the veteran does not have a back disability attributable to his period of active military service and denies the claim for service connection. The issue regarding PTSD is deferred pending completion of additional development.

The veteran's chronic cervical spine disorder, including degenerative disc disease, is related to his service and the Board has granted service connection.

The Board denied the veteran's claims for increased initial ratings for his degenerative disc disease at C4-5 and C5-6, residuals of a right knee injury, and hiatal hernia with irritable bowel syndrome. The conditions were rated as 10 percent disabling under direct service connection.

The Board has remanded the case due to incomplete VCAA notice and need for additional medical opinions regarding the veteran's claims under 38 U.S.C. § 1151.

The veteran's claim for an increased rating for his back disability is being remanded due to the need for additional medical records.