Back / lumbar spine Board decisions

The Board has remanded the case for additional development, including obtaining medical records and scheduling a VA examination to address the Veteran's claim of service connection for a low back disability.

The Veteran is seeking compensation under the provisions of 38 U.S.C.A. § 1151 for additional low back disability with neurological impairment as caused by VA hospitalization or medical or surgical treatment in May 2001. The Board has remanded this case to allow for further development and consideration.

The Board has granted effective dates for the grant of service connection for loss of use of lower extremities and SMC based on loss of use of feet, both retroactively to June 30, 2000.

The Veteran's claims for increased ratings for various service-connected disabilities were denied. The Board found that the evidence did not meet the criteria for higher evaluations.

The Board has determined that the appellant currently suffers from a low back disorder that is the result of an injury incurred in active duty service, and therefore grants service connection for this condition.

The Board has remanded the case for further development, including obtaining additional service treatment records and scheduling a VA examination to determine the nature and likely etiology of the Veteran's claimed back disability.

The Veteran's cervical spine disability is found to be related to his in-service motor vehicle accident, while his head injury residuals are not shown. Service connection for the cervical spine disability is granted.

The Veteran's claims for higher evaluations for his low back, cervical spine, and right shoulder disabilities were denied as the evidence did not show that any of these conditions warranted a rating in excess of the current assigned ratings.

The Veteran is seeking increased ratings for his service-connected lumbar and cervical spine disabilities.,He also seeks to reopen a previously denied claim for PTSD, as well as service connection for an acquired psychiatric disability secondary to his spinal conditions.

The Veteran is granted service connection for degenerative lumbar disc disease with chronic low back pain and hypertension. Service connection was not established for left knee disorder, right knee disorder, or heart palpitations.

The Board denied the Veteran's claims for service connection for acquired psychiatric disorder, bilateral hearing loss, tinnitus, low back disorder, skin disorder, hypertension, and vertigo. The Board found that there was no evidence of chronic manifestations of these conditions during or within one year after service discharge.

The Board has determined that the Veteran's appeal was timely perfected with respect to his claim for service connection for status-post C5-6 anterior cervical discectomy and fusion (previously considered as degenerative disc disease of the cervical spine).

The Board finds that the Veteran's diagnosed back and bilateral knee disabilities were not incurred in or aggravated by his active military service, nor may such conditions be presumed to have been incurred in or aggravated by service. As a result, the claims for service connection are denied.

The Veteran's appeal was dismissed due to his death.

The Board has determined that the Veteran's post-operative residuals of a hysterectomy are related to her military service and grants this claim.

The Veteran's degenerative joint disease and degenerative disc disease of the lumbar spine are currently rated at 10 percent, but the Board finds that this rating is not adequate as his disability does not meet or approximate the criteria for a higher evaluation.

The Veteran's claims for increased ratings for his service-connected degenerative disc disease of the L5-S1 spine, left knee arthritis with a history of meniscectomy, and right knee arthritis have been denied as there is no evidence showing that any of these conditions meet or approximate the criteria for a rating in excess of 10 percent at any time during the pendency of the appeal.

The Veteran's claims for service connection are being remanded due to the need for additional development and examination. The case will be reviewed de novo after all relevant evidence is obtained.

The Board found that the Veteran's dependency allowance was properly reduced to remove his stepson, R.B., following his divorce from R.B.'s mother. The retroactive termination of the additional dependency allowance for R.B. as a stepchild was proper.

The Veteran's claims for service connection have been denied. The Board found that there was no credible evidence of a stressor event in service, and thus the claim for PTSD could not be substantiated. The other claims were also denied due to lack of supporting evidence or medical nexus.