Back / lumbar spine decisions — 2003

The veteran's appeal is being remanded due to the need for a new VA examination and notification of changes in spine evaluation criteria. The issue remains about entitlement to an increased rating for lumbosacral strain.

The Board has ordered further development due to pending issues regarding service connection for right knee and low back disorders. The case is now remanded for additional examination and consideration.

The Board has ordered further development in the veteran's case, including obtaining National Guard medical records from September 1992 to present. The appeal is remanded for this purpose.

The veteran's claims for increased ratings and service connection were denied. The Board found no evidence of current right or left ankle disability, and the preponderance of the competent medical evidence was against a finding that his bilateral knee disorder and polyarthralgias with autoimmune inflammatory disease and probable early ankylosing spondylitis are causally related to active service.

The Board denied the veteran's claim to reopen his service connection for degenerative disc disease of the lumbar spine, finding that no new and material evidence had been submitted.

The Board finds that the preponderance of evidence is against the veteran's claims for service connection for an upper back disorder and a low back disorder. The Board also notes that new and material evidence has not been submitted to reopen the claim for a low back disorder.

The veteran's claims for increased ratings for his service-connected right shoulder capsular shift, left shoulder tendinitis, and spondylosis and spondylolisthesis of the lumbar spine were denied. The RO assigned initial disability ratings but did not address whether these ratings are correct or appropriate.

The Board has ordered further development due to pending requests for additional evidence. The case will be returned to the RO for obtaining outpatient treatment records and chiropractor's records, and then reviewed again.

The Board has dismissed the veteran's appeal on all issues related to service connection due to his request for withdrawal. The claim for special monthly pension benefits based on need for aid and attendance or at the housebound rate was denied as the veteran does not meet the criteria for either benefit.

The Board has reopened the veteran's claim of service connection for a low back disability and granted it. The veteran also had his tinnitus rating increased.

The Board has remanded the case for another VA examination to comply with the instructions of the Motion and to ensure that all VCAA notice obligations have been satisfied.

The veteran's claim for non-service-connected pension benefits was granted, effective August 1, 2003. The appeal for an earlier effective date is dismissed.

The Board has determined that the veteran's currently diagnosed low back disability, degenerative disc disease with possible herniated disc at L4-5, is causally related to his complaints of low back pain treated in service. As a result, the claim for service connection for a low back disability is granted.

The Board has denied the veteran's claims for service connection for PTSD, left knee disorder, right hip disorder, and lumbar spine disorders as secondary to his service-connected right knee disability.

The veteran's claims for service connection are being remanded due to incomplete medical records and the need for a VA examination.

The Board has determined that the veteran's current degenerative joint disease of the lower lumbar spine is service-connected, and his claim for chronic fatigue syndrome resulting from hepatitis B vaccinations is also granted.

The Board denied the veteran's request to waive recovery of an overpayment of $2,000 in non-service connected pension benefits due to his fault in not reporting concurrent receipt of Social Security benefits.

The Board has ordered further development due to pending issues regarding the veteran's back disorder. The case is now being sent for additional examination and review.

The veteran withdrew his appeal of the issue of an increased rating for his low back disability prior to the Board's decision.

The Board has ordered the case to be remanded for compliance with the Veterans Claims Assistance Act of 2000 (VCAA). The veteran's claims will be reviewed again after necessary development, including obtaining medical opinions and ensuring proper VCAA notification.