Back / lumbar spine decisions — 2003

The veteran's service-connected right knee condition is currently evaluated as 20 percent disabling, and his service-connected low back disability (spondylolisthesis) is currently evaluated as 40 percent disabling. Both conditions have been granted increased ratings.

The Board finds that the veteran's low back disorder is not related to his service-connected left knee disorder, and denies the claim for increased evaluation of the left knee. The rating assigned for the left knee remains at 20 percent.

The Board has determined that the veteran's cervical and lumbar spine degenerative arthritis is related to an injury sustained during active service, granting his claim for service connection.

The Board has ordered further development due to the need for additional service medical records and hospital records. The case will be returned to the RO for this purpose.

The Board has remanded the case due to new regulations and additional evidence, and the veteran's claim for an initial disability rating in excess of 20 percent for a back disability is pending.

The Board has determined that additional development is needed in the veteran's case, including obtaining medical records and scheduling VA examinations to evaluate his service-connected low back disability under both old and new rating criteria.

The veteran's service-connected status post laminectomy with lumbar myositis disability does not preclude him from engaging in substantially gainful employment, and the Board denies his claim for TDIU.

The veteran is seeking an earlier effective date for a 100 percent evaluation for his service-connected somatiform pain disorder with residuals of low back pain. The Board has remanded the case due to procedural issues.

The Board has remanded the case due to new evidence submitted by the appellant and the need for further consideration of the claim.

The veteran's claims for increased evaluations of his varicose veins and lumbar spine disorder have been denied. The claim for an effective date prior to December 5, 2002 for the grant of TDIU remains pending.

The Board has granted service connection for peripheral neuropathy and remanded the issue of an increased rating for low back disorder.

The Board has determined that the veteran's degenerative joint disease, bilateral knees is related to service and grants service connection for this condition. The issue of increased evaluation for low back strain remains pending.

The veteran's appeal was dismissed due to his death during the pendency of the appeal.

The Board has denied the veteran's claims for service connection for hearing loss, kidney disease, urinary incontinence, and lumbar spine condition.

The case is being remanded for additional development due to the Veterans Claims Assistance Act of 2000 and VCAA requirements.

The veteran's claim for an initial disability rating in excess of zero percent for residuals of shrapnel wounds to the left leg was granted. The claim for service connection for a lower back condition as secondary to service-connected residuals of shrapnel wounds to the left leg is also granted.

The Board has remanded the case for consideration of new evidence and compliance with the Veterans Claims Assistance Act of 2000. The claims for service connection are pending, but their outcome is uncertain as they may be granted or denied based on the new evidence.

The Board has remanded the veteran's claims of entitlement to an increased evaluation for service-connected lumbosacral strain and entitlement to a total rating based on individual unemployability due to service-connected disabilities. The RO is instructed to ensure that all requested development has been completed, including obtaining medical records and scheduling VA examinations.

The Board found that the veteran does not have residuals of a head injury and denied service connection for this condition. The claims for increased ratings for low back strain and left shoulder adhesive capsulitis were also addressed, but are beyond the scope of this decision.

The Board has determined that the veteran's service-connected low back disability, characterized by pronounced intervertebral disc syndrome, warrants a 60 percent evaluation.