Back / lumbar spine Board decisions

The Board denied the veteran's claims of service connection for depression, heart disability, arthritis, low back pain, chest disability (to include respiratory disability), and skin disorder. The reasons were that there was no competent evidence linking these conditions to active duty or a service-connected condition.

The veteran's appeal has been withdrawn by the appellant prior to a decision being made.

The Board has remanded the case due to the need for additional evidence and examination, including treatment records from post-service VA facilities and an orthopedic evaluation.

The Board denied the veteran's claims for an earlier effective date and restoration of a previously granted disability rating, finding that there was no factual basis to grant these requests.

The Board denied the veteran's claim for service connection for a low back disability, finding that spondylolisthesis is not a disease or injury within the meaning of applicable legislation providing compensation benefits.

The Board has determined that the effective date for a 20 percent rating for service-connected residuals of low back injury is May 22, 1997. The veteran's claim for an earlier effective date was not granted.

The Board has remanded the case to the RO for further development of evidence, including verification of the veteran's involvement in a motor vehicle accident while serving in Germany.

The Board granted an increased rating of 40 percent for post-phlebitic syndrome of the left leg, effective from January 12, 1998. The veteran's claims for service connection for various disabilities were also granted as secondary to his service-connected post-phlebitic syndrome of the left leg.

The Board has determined that additional examinations and opinions are needed to properly adjudicate the veteran's claims for service connection, increased evaluations, and fibromyalgia.

The Board has determined that the veteran does not have a right knee disability, excluding residuals of removal of Baker's cyst, or any other neck/upper back disability, including a left neck lump, that was incurred in service. The VA medical records do not support these claims.

The Board found that the veteran's lumbar and thoracic spine disabilities were not incurred in or aggravated by service, with no new evidence presented to reopen the claims. The preexisting lumbosacral strain was held to have been aggravated during service.

The veteran's lumbar spine, left knee, right knee, right fibula, and right foot disabilities are all rated at the maximum allowed under VA disability rating criteria.,The veteran's left bicipital tendonitis and right bicipital tendonitis have also been rated at their maximum allowable levels.

The veteran's claims for increased ratings for his service-connected lumbar spine injury and cervical spine disorder were denied as there is no evidence of ankylosis or neurological symptoms due to the service-connected disabilities.

The veteran's service-connected low back disability is rated at 40 percent, which is the maximum schedular rating for severe limitation of motion. The Board has granted a total disability rating based on individual unemployability (TDIU).

The veteran's flat feet claim is pending as the service-connection theory is not specified.,The secondary service connection for back disorder claim is pending as the service-connection theory is not specified.

The veteran's service connection claim for the residuals of a March 12, 1983 motor vehicle accident is granted. The court finds that his current disabilities are related to this incident.

The veteran's claims are being remanded to the RO for additional development of his medical records and consideration of new evidence. The case will be returned to the Board after this process.

The Board found that the veteran's current low back disability is not related to service or a service-connected condition, and thus denied his claim for service connection. The issue of competency was also addressed and denied.

The Board found that the appellant's current low back condition was not incurred or aggravated by service, and thus denied his claim for service connection.

The veteran's claims for increased ratings for low back strain and hypertension are being remanded to obtain additional medical records, including VA and private treatment records. The case will be readjudicated under the revised criteria for evaluating diseases and injuries of the spine effective September 26, 2003.