Back / lumbar spine decisions — 2003

The appeal has been dismissed as the appellant withdrew their appeal prior to a decision being made.

The Board has determined that the veteran's service-connected low back disability warrants a 40 percent rating, which is the maximum available under the applicable diagnostic codes.

The Board has granted the veteran's claim of service connection for degenerative joint disease of the lumbosacral spine. The issues of secondary service connection for a disability characterized by right leg pain and loss of use of the right foot, and a compensable rating for his service-connected lumbar strain will be remanded.

The Board denied the veteran's claims for increased ratings and service connection, but granted service connection for a psychiatric disability (major depressive disorder) as secondary to his service-connected lumbar spine and knee disabilities. The issue of compensation under 38 U.S.C. § 1151 for additional left Dupuytren's contractures was also denied.

The Board has ordered further development due to pending issues and remanded the case back to the RO for additional examination and consideration.

The Board found no evidence of a back or right knee disability in service, and denied the veteran's claims for service connection.

The Board granted a 20 percent rating for lumbar strain effective from November 14, 2001.

The Board has remanded the case to the RO for scheduling a Travel Board hearing. The veteran can request another hearing if he wants one.

The Board denied the veteran's claim for an increased rating for his service-connected chronic lumbar strain, osteoarthritis of lumbar spine, and history of radiculopathy, as his disability does not warrant a higher evaluation.

The Board denied service connection for post traumatic stress disorder and a cervical spine disorder. The veteran's lumbar myositis, degenerative joint disease of the lumbar spine was initially granted with a 10 percent evaluation from December 16, 1997 to June 13, 2002, which was later increased to 40 percent effective June 14, 2002. The veteran's left ear hearing loss and tinnitus were each assigned initial compensable evaluations, while his scars of the posterior aspect of the left elbow and right upper back and osteoarthritis of the left wrist, history of left wrist fracture received initial non-compensable evaluations.

The Board has denied the veteran's claim for service connection for a low back disorder due to insufficient evidence and remanded the case for further development.

The veteran's death was not due to a service-connected disability that had been rated totally disabling for at least eight years immediately preceding his death.

The Board has determined that additional development is necessary and the case is REMANDED to the RO for further actions.

The veteran's claims for increased ratings and extraschedular evaluations were denied. The case is being remanded to the RO for further development, including scheduling a VA Social and Industrial Survey.

The veteran's death was not service-connected, and he did not meet the eligibility requirements for DIC or DEA benefits under 38 U.S.C. § 1318 and Chapter 35.

The Board has granted service connection for lumbosacral strain and found that the veteran's exposure to tuberculosis is not supported by evidence. The case will be returned to the RO for further development regarding the issue of tuberculosis.

The veteran's claim for an increased evaluation of his service-connected chronic lumbar syndrome is being remanded due to the need for additional development and consideration of new evidence, including medical records from a private physician and MRI results.

The veteran's service connection claims for back and left hip injuries were granted. The claim for a higher initial rating for the ankle fracture was denied.

The Board has determined that the veteran's low back disability is service-connected and granted a rating of 30 percent for this condition. The ratings for left knee instability (20%) and limitation of motion/pain (10%) remain unchanged.

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