Back / lumbar spine decisions — 2003

The Board is remanding the case to allow for additional development, including a VA examination and consideration of both former and revised criteria for evaluating intervertebral disc syndrome.

The Board denied the appellant's claims for service connection of right shoulder, neck, lower back, and right knee disorders. The claim for a right shoulder disorder was not reopened due to lack of new and material evidence. The Board also found that these disorders were not incurred or aggravated during military service.

The Board has granted service connection for the veteran's low back disorder as secondary to her service-connected right knee disability. The claim of increased evaluation for asthma is granted at a 30% rating.

The Board has determined that additional development is necessary and the case is being remanded to the RO for further action.

The Board finds that the veteran's current low back disability is related to service, and grants entitlement to service connection for degenerative changes of the lumbar spine.

The veteran's appeal has been withdrawn due to his statement withdrawing the appeal.

The Board has granted an effective date of September 9, 2003 for the grant of a total disability rating based on individual unemployability due to service-connected disabilities.

The VA has determined that the veteran's degenerative disc disease and spondylolisthesis of the lumbar spine does not warrant a rating higher than the current 20 percent, based on his symptoms and functional limitations.

The Board has determined that new and material evidence has been submitted to reopen the veteran's claim for service connection for a back disorder. The issue is now whether this condition was incurred in or aggravated by service.

The Board has granted the veteran's claim of service connection for a back disability, finding that it is directly related to his military service.

The Board has determined that the veteran does not meet the criteria for special monthly compensation based on need for aid and attendance or housebound status due to his service-connected disabilities.

The veteran's service-connected degenerative disc disease of the lumbosacral spine, cervical spine, and thoracic spine have been granted initial disability ratings. However, his carpal tunnel syndrome of the right wrist remains at a noncompensable (zero percent) rating.

The veteran's service-connected disabilities do not render him incapable of providing for his own daily self-care or from protecting himself against the hazards and dangers of daily living without the assistance of another person. He is not a patient in a nursing home.

The Board dismissed the veteran's appeal for service connection claims due to his death before a final decision could be made.

The Board has ordered further development due to pending requests for evidence and clarification. The case is now remanded for additional development at the RO level, including obtaining VA medical records and arranging for orthopedic and neurological examinations of the veteran's low back and right patellar disabilities.

The Board has determined that the veteran does not have a current disability for each of the conditions he is seeking service connection for, and thus his claims are denied.

The Board found that new and material evidence had been submitted to reopen the claim of entitlement to service connection for a back disorder. However, additional development is needed due to the need for medical examination and opinion on the etiology of the diagnosed low back disorder.

The veteran's appeal is being remanded for additional development, including obtaining medical records and scheduling a VA examination to assess the current severity of his service-connected cervical spine and lumbar spine disabilities. The RO will also consider the new schedular criteria for evaluation of intervertebral disc syndrome that became effective September 23, 2002.

The veteran's appeal for a higher rating for his service-connected low back disorder was denied by the RO. The issue is now pending before the Board of Veterans' Appeals.