Back / lumbar spine decisions — 2003

The veteran's case is being remanded due to his failure to report for scheduled VA examinations and the unascertainable address change. The issues include increased rating for lumbosacral strain, service connection for degenerative disc disease of the lumbosacral spine, and service connection for a psychiatric disorder.

The Board denied reopening the claim for service connection for a low back disability due to lack of new and material evidence.

The Board has ordered further development on the veteran's claims for increased ratings for left knee chondromalacia with residuals of a patellectomy, left knee instability, and low back syndrome. The case is being remanded to the RO for consideration of additional evidence.

The VA determined that the veteran's herniated disc with lumbosacral strain is currently rated at 40 percent, but does not meet the criteria for an evaluation in excess of this rating.

The Board has determined that additional development is needed to ensure the veteran receives a complete record and appropriate consideration of his claims for service connection.

The veteran's claim is being remanded due to the need for additional development, including consideration of service connection for disc herniation and an increased evaluation for low back pain with fibromyositis. The outcome of these issues will affect each other.

The Board has determined that new and material evidence has been presented to reopen the claim of service connection for degenerative changes of the lumbosacral spine, and it is granted.

The Board has denied the veteran's claims for increased evaluations for his service-connected left shoulder disorder and back strain with osteoarthritis of the lumbar spine, finding that the evidence does not support a higher evaluation.

The Board of Veterans' Appeals has denied the veteran's claims for increased ratings for lumbosacral strain with degenerative joint disease and degenerative disc disease, currently evaluated as 20 percent disabling, and psoriasis, currently evaluated as 10 percent disabling.

The Board dismissed the appeal due to a lack of timely filing of a substantive appeal regarding the ratings assigned for low back, hiatal hernia, and hemorrhoidial disorders.

The Board has determined that the veteran's service-connected degenerative disc disease of the lumbosacral spine with right lower extremity radiculopathy warrants a 60 percent disability rating since September 23, 2002.

The Board has determined that the appellant's claims for increased evaluations of his service-connected low back and right knee disabilities have been denied. The current ratings assigned are deemed insufficient to compensate for the degree of disability.

The Board found no evidence to support the veteran's claim that his back disorder or asthma were incurred in service, and denied both claims. The rating for asthma remains at 60 percent.

The Board has ordered further development in the veteran's case, including additional evidence collection. The appeal is currently pending and will be remanded for further action.

The Board has ordered further development due to pending issues and is remanding the case back to the RO for additional examination and review.

The Board has determined that service connection for hearing loss and tinnitus is granted, but the claim for higher ratings on other service-connected disabilities remains denied.

The Board has determined that the veteran's low back disability is not proximately due to or the result of his service-connected left foot disability.

The Board has determined that new and material evidence to reopen the previously denied claim for service connection for a low back disability has been submitted. However, additional development is required prior to making a decision on this issue.

The Board has determined that the veteran's low back disability, cervical spine disability, bilateral arm and leg disabilities are not service-connected due to lack of evidence showing their onset or aggravation during his military service.

The veteran's claims for increased ratings were denied. The Board found that the current rating of 40 percent for the residuals of a stab wound to the left thigh with severe muscle loss, vasgius medialis of the left thigh, MG XIV, and post-operative fasciotomy is appropriate.