Back / lumbar spine decisions — 2003

The Board has remanded the case for compliance with the requirements of the Veterans Claims Assistance Act of 2000 and the duty to assist under 38 U.S.C.A. § 5103A.

The veteran's claims for increased ratings for lumbosacral strain and a TDIU were denied. The case is remanded to ensure compliance with the VCAA.

The Board denied service connection for a low back disability, finding that there was no evidence of a chronic condition during or within one year after service. The claim was based on the veteran's reported history of an accident in 1984 but without objective medical findings supporting this.

The Board denied service connection for a back disorder and disability of the legs and knees, finding no new and material evidence to reopen the claim for a back disorder. The appellant's current leg and knee conditions are not shown to be related to his military service.

The Board denied the veteran's claims for service connection for a right shoulder disability and an increased rating for his lumbar spine condition. The claim for an earlier effective date was also denied.

The Board has determined that the veteran's service-connected lumbosacral spine disability warrants a rating of 60 percent, effective from the date of the decision.

The veteran's appeal is being remanded for additional development and compliance with the Veterans Claims Assistance Act of 2000.

The Board found that the veteran's pre-service back disorder was not aggravated by active service.

The Board found that the veteran's current low back disorder is not related to his service, and denied his claim for service connection.

The Board has reopened the veteran's claim of service connection for a low back disability and determined that new evidence supports the conclusion that his congenital spina bifida occulta was aggravated by military service, warranting service connection.

The Board is remanding the appellant's lumbosacral disorder claim for further development, including obtaining relevant medical records and conducting a comprehensive VA examination. The total disability evaluation based on individual unemployability claim remains in contention.

The Board has ordered further development due to the need for additional evidence and clarification of existing evidence. The case is now remanded for the specified actions.

The Board has determined that the veteran's claim for an effective date prior to January 15, 1998 for a 40 percent evaluation for spondylolisthesis, lumbosacral spine, L1-S1, with disc space narrowing is denied.

The Board found that the veteran's death was not caused by or substantially contributed to by any service-connected disability, and thus denied the claim for service connection for the cause of the veteran's death.

The veteran's claims for increased ratings and special monthly compensation were denied. The Board found that the service-connected disabilities did not meet the criteria for higher evaluations under the applicable rating criteria.

The Board found that the appellant's claimed conditions are not linked to his military service and denied all of his claims.

The Board has remanded the case for additional development due to a recent court decision invalidating certain VA regulations. The veteran's claim for service connection for a low back disability will be reconsidered on its merits.

The Board has determined that the effective date for service connection of chronic lumbosacral strain should be June 23, 1962.

The Board has ordered further development due to pending issues and new evidence. The case is now remanded for additional consideration.