Back / lumbar spine Board decisions

The Board dismissed the veteran's appeal because his notice of disagreement was not timely filed with respect to his claims for service connection.

The veteran's treatment at Bay Pines Community Hospital on March 14, 2003, was for a service-connected disability (post-operative residuals of a herniated disc, lumbar spine) and was deemed an emergency due to the severity of his symptoms.,Similarly, the veteran's treatment at Bay Pines Community Hospital on June 5, 2003, was also for a service-connected disability (Type II diabetes mellitus) and was deemed an emergency due to the severity of his symptoms.

The Board denied service connection for skin disorder, prostate disorder, hypertension, and low back disorder. The veteran's skin condition is not attributable to service or Agent Orange exposure. His prostate disorder was not incurred in service. Hypertension is presumed due to Agent Orange exposure, but the veteran does not have a current diagnosis of a low back disorder.

The Board denied reopening the veteran's claims for service connection for anemia and a back disorder, finding that new and material evidence had not been received to support these claims.

The Board has dismissed the appeal due to the appellant's withdrawal of her appeal prior to a decision being made.

The Board has determined that the veteran does not have a hearing loss disability for VA purposes and her tinnitus is not service-connected. The other conditions listed in the issues section are either not supported by evidence or were resolved prior to separation from service.

The veteran's lumbosacral sprain and strain have been found to be aggravated by her service-connected right knee disability, warranting service connection for this condition.

The veteran's claims for increased rating, service connection for PTSD, and skin conditions secondary to herbicide exposure were denied. The Board found that the evidence did not support a finding of an in-service stressor for PTSD or credible supporting evidence for the claimed skin conditions.

The veteran's claims for higher initial disability ratings for his service-connected low back and left hip disabilities were denied. The original rating of 20 percent for the lumbosacral spine disability remains in effect, while a 10 percent rating is assigned for bursitis of the left hip from April 17, 2003.

The Board is remanding the case for readjudication on the merits due to a request for readjudication within two years of the VCAA's enactment.

The Board denied the veteran's claims for service connection of right arm and hand, cervical spine condition, and low back condition as secondary to his service-connected right shoulder disability.

The veteran's claim for an increased rating for his lumbosacral spine disability was granted and he is currently rated at 10 percent.,An effective date prior to January 29, 2002 for the compensable rating cannot be established.

The veteran's appeal is being remanded for additional development, including obtaining VA vocational rehabilitation records and providing the veteran with a VCAA letter. An examination will also be conducted to determine if any current diagnosis of dysthymia or depression is related to his service-connected lumbosacral strain.

The Board denied service connection for residuals of a left shoulder injury and degenerative joint disease of the lumbar spine, finding no evidence linking these conditions to military service. The claim for PTSD was also denied due to lack of credible supporting evidence.

The Board has determined that the veteran does not have a current low back disorder or lower extremity neuropathy, and therefore service connection for these conditions is denied.

The Board has remanded the case due to insufficient evidence regarding the etiology of the veteran's current back disability and for further development.

The Board denied a higher disability rating for the veteran's chronic low back strain, finding that it did not meet the criteria for a rating in excess of 40 percent from August 11, 1995.

The Board has remanded the case due to procedural deficiencies and requests for additional evidence, including service personnel records, police reports, hospital records, and morning report entries.

The Board has granted service connection for a low back disability, finding that the veteran's current low back disability is related to an injury sustained in service.

The Board has granted a 20 percent disability rating for lumbosacral strain prior to February 22, 2004 and a 10 percent disability rating for bilateral pes planus. The veteran's service-connected disabilities are evaluated based on their current manifestations.