Back / lumbar spine Board decisions

The veteran's claim for a total rating based on individual unemployability due to service-connected disabilities is being remanded for additional development, including obtaining medical records and providing the veteran with adequate notice under the Veterans Claims Assistance Act of 2000.

The Board found that the appellant did not have any of the claimed conditions during service or within one year after separation, and thus denied his claims for service connection.

The Board found that the evidence did not establish service connection for any of the veteran's claimed conditions, as there was no credible evidence showing a nexus between his current disabilities and his military service.

The veteran is seeking service connection for a chronic acquired low back disorder that he claims is secondary to his service-connected left leg and foot disabilities. He also seeks an increased evaluation for his service-connected left leg and foot disability. The case must be remanded for further development, including obtaining medical opinions regarding the relationship between the claimed disorders and the veteran's service-connected conditions.

The Board denied the veteran's claims for service connection for a back disability and ulcer disease, as well as his claims for bilateral hearing loss and tinnitus. The total rating based on individual unemployability due to service-connected disability was also denied.

The VA has denied the veteran's claim for an increased evaluation for her service-connected low back strain, currently rated at 10 percent.

The Board denied the appellant's application for Dependents' Educational Assistance benefits under Chapter 35, Title 38, United States Code due to her reaching her 26th birthday prior to the effective date of the veteran's permanent and total disability rating.

The Board is remanding the case to determine if new and material evidence has been received to reopen a claim of entitlement to service connection for a low back disorder. The veteran's representative will have an opportunity to submit additional argument and evidence.

The veteran's claimed conditions, including insomnia and memory loss, joint pain (including arthritis of the lumbar spine and lumbosacral strain), jaw pain, and rash of the upper arms and shoulders, are not considered to be due to undiagnosed illness from service in the Persian Gulf War. The VA has granted service connection for PTSD which includes insomnia and memory loss, but these conditions are considered part of that condition.

The Board has established that the veteran's low back disorder existed prior to service and was aggravated by service, granting his claim for service connection.

The VA determined that the veteran's service-connected post-operative scar of drainage of hematoma of left lumbar muscle with secondary muscle hernia does not warrant an increased rating as it currently manifests no more than slight impairment and there is no evidence of frequent hospitalization or marked interference with employment.

The Board has granted service connection for the cause of the veteran's death due to arthritis contributing to an abdominal aneurysm rupture. The issue of DIC benefits under 38 U.S.C.A. § 1318 is dismissed as moot.

The veteran's claim for an increased rating for his service-connected sacroiliac strain and lumbar myositis is being remanded due to the need for additional medical records and a VA examination.

The Board has reopened the veteran's claims of service connection for a back disorder, heart disorder, and gastrointestinal disorder. The issues are now remanded to the RO for further review.

The Board has determined that the veteran's low back disorder and left knee disorder are not proximately due to or the result of his service-connected right total knee replacement, and therefore denied both claims.

The Board has denied the veteran's claims for service connection for bilateral hip disability and lumbar spine disability, finding no evidence of a nexus to service or Agent Orange exposure.

The veteran meets the criteria for a 60 percent disability rating for his lower back disorder, which includes intervertebral disc syndrome and degenerative changes. This decision was effective as of September 23, 2002.

The Board has granted service connection for degenerative disc disease and degenerative joint disease of the lumbar spine, finding that these conditions are related to a back injury sustained in service.

The Board denied the veteran's application to reopen his previously denied claim of entitlement to service connection for a low back disability, finding that new and material evidence had not been submitted.

The veteran's appeal is being remanded for additional development and clarification of his service connection claim for a chronic acquired low back disorder.