Back / lumbar spine Board decisions

The Board has remanded the case for further development due to incomplete hearing transcript and other procedural issues.

The Board has ordered a VA examination to determine the etiology of any current back condition and whether it is related to active service. The veteran's service records show he had complaints of low back pain during service, but no evidence of pre-existing conditions or clear and unmistakable aggravation.

The Board found no current low back disability related to service and denied the veteran's claim for service connection.

The veteran's cervical spine disability, characterized as degenerative disc disease with herniated nucleus pulposus, has been granted an increased evaluation to 30 percent effective September 26, 2003. The issue of service connection for bilateral hearing loss remains unresolved.

The Board denied the veteran's claims for higher disability ratings for his lumbar strain and right shoulder tendonitis, finding that the evidence did not support a rating in excess of 20 percent for either condition.

The Board has determined that the veteran's lumbosacral spine disability is proximately due to, or the result of, his service-connected wound to muscle group XIV in the right anterior thigh. The decision grants secondary service connection for this condition.

The veteran's service-connected lumbosacral spine disability, characterized as chronic degenerative disc disease, is currently rated at 20 percent and the Board has determined that this rating adequately reflects his current level of disability.

The veteran's claims for increased ratings for his service-connected thoracic spine muscle injury, lumbar spine nerve injury, and right shoulder muscle injury are being remanded due to the need for additional examinations and development of medical records.

The veteran's claim for a permanent and total disability rating for pension purposes is being remanded due to the need for additional medical evidence and examination.

The veteran's claims for increased ratings are being remanded to the RO for additional examinations and development of evidence.

The Board denied the veteran's claim for service connection for the cause of his death and eligibility for Dependents' Educational Assistance under Chapter 35, finding that there was no evidence linking his fatal brain cancer to military service or any presumptive conditions.

The veteran's claims for service connection for residuals of pneumonia, bronchitis, degenerative disc disease of the lumbar spine, generalized degenerative joint disease, and cervical spine disability were denied. The veteran's claim for service connection for psychiatric disability was also denied as secondary to back disability.,The veteran withdrew his appeal on the issues of entitlement to service connection for residuals of pneumonia and bronchitis prior to a decision being made.

The Board has determined that the veteran's back disability warrants a 60 percent evaluation, but no more, based on pronounced intervertebral disc syndrome. The mood disorder with depression does not warrant an increased rating. With resolution of reasonable doubt in his favor, the veteran is found to be unemployable due to service-connected disabilities.

The Board has found that new and material evidence has been submitted to reopen the veteran's claim for service connection for a low back disorder, which was previously denied in October 1991. The decision is granted.

The Board found no evidence of a current back disability incurred in service, and denied the veteran's claim for service connection.

The veteran's claim for compensation under the provisions of 38 U.S.C.A. § 1151 was denied because there is no additional disability attributable to VA treatment during May to June 1973.

The Board denied reopening of the claim for service connection for a back disability due to lack of new and material evidence.

The Board has reopened the veteran's claims for service connection for a back condition, gastrointestinal disability (including peptic ulcer disease and irritable colon syndrome), and an acquired psychiatric disorder. However, the decision is mixed as some issues were granted while others were denied.

The Board has determined that the veteran's back, respiratory, and cardiac disabilities were not incurred or aggravated by service. The hypertension was also not related to service.

The veteran's claim for service connection for musculoskeletal disability, including as a qualifying chronic disability due to service in the Persian Gulf War, is being remanded for further development and consideration.