Back / lumbar spine decisions — 2003

The Board has denied the veteran's claims for service connection for residuals of a low back injury and degenerative disc disease, L5-L5.

The Board has ordered further development in the veteran's case, including additional medical examinations and review of evidence. The appeal is currently remanded to allow for these actions.

The Board has granted service connection for left knee patellar dislocation and residuals of a sprained right ankle with instability. Service connection for lumbosacral strain with herniated and degenerative disc disease is not addressed as the issue status is unknown.

The Board has granted service connection for bilateral hearing loss and found that the veteran's pre-service hearing loss was aggravated by active service. The issue of an increased rating for low back disability is remanded.

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

The Board found that the June 1980 rating decision denying service connection for tinnitus was not clearly and unmistakably erroneous. The veteran's claim for increased rating of cervical degenerative disc disease and TDIU is remanded for further development.

The Board has ordered further development due to pending issues regarding service connection for various conditions, including a left foot disability, low back disability, nicotine dependence, and pulmonary disability. The case is being sent back to the RO for additional examinations and consideration of new evidence.

The Board has reopened the veteran's claim and remanded it for additional development, including a VA examination. The case is now being reconsidered based on new evidence.

The Board has found new and material evidence to reopen the claim, but denied service connection on the merits. The case is being remanded for a videoconference hearing.

The Board has remanded the case due to changes in the law brought about by the Veterans Claims Assistance Act of 2000 and Charles v. Principi, 16 Vet. App. 370 (2002); Quartuccio v. Principi, 16 Vet. App. 183 (2002).

The Board denied an increased rating for chronic low back syndrome with degenerative joint disease and the entitlement to special monthly compensation based on the need for the regular aid and attendance of another person or on account of being housebound.

The veteran's claim for compensation benefits under 38 U.S.C.A. § 1151 is denied as there was no additional back disability resulting from VA treatment in September 1998.

The Board has denied the veteran's claim for an initial rating in excess of 10 percent for her service-connected low back disability with L3-4 radiculopathy.

The Board has reopened the veteran's claims for service connection for right and left knee disorders secondary to his service-connected bilateral pes planus, as new and material evidence has been received. The lumbar spine disorder claim remains pending.

The veteran's initial ratings for his service-connected disabilities have been denied. The left ankle disability remains at a 20% rating, the right shoulder at a 10% rating effective March 1995, and the lumbosacral spine at a 60% rating since April 30, 2001.

The Board has granted a temporary total disability rating based on convalescence for the veteran's service-connected conditions from June 14, 1995 to October 30, 1995.

The Board has granted an initial evaluation of 40 percent for the veteran's service-connected lumbosacral strain with discogenic disease L4-5 and bulging annuli L1-2 and L5-S1, effective June 2, 1998.

The Board found that new and material evidence had not been submitted to reopen the veteran's claims for service connection for low back disorder and bilateral foot disorder. The RO denied these claims on the basis that there was no established link between the current disabilities and service.

The Board has denied the veteran's claim for service connection for residuals of a lower back injury due to lack of definitive evidence linking his current condition to military service. The case is being remanded for further development, including an examination and medical opinion.

The Board has decided to remand the case due to the need for a VA examination and additional development of the claims file.