Back / lumbar spine decisions — 2003

The Board has ordered further development due to pending issues and is remanding the case back to the Regional Office for additional consideration.

The veteran's claims for increased ratings for his service-connected lumbar spine degenerative disc disease (DDD) have been denied. The RO has not provided a rating in excess of 20 percent for DDD prior to July 19, 1999 and has also denied the claim for a higher rating since that date.

The Board has determined that the veteran's service-connected right ankle disability has aggravated his non-service-connected low back disability, warranting secondary service connection.

The Board denied the veteran's claims for an increased evaluation for his low back disorder and for a total rating based on individual unemployability due to his failure to report for VA examinations without providing good cause.

The Board granted service connection for residuals of a neck injury and assigned an initial rating of 40 percent effective from May 8, 2000. The veteran's claim was based on his secondary service-connected migraines.

The Board has granted a 20 percent disability rating for low back strain with degenerative disc disease effective from March 16, 2001.

The Board has determined that the veteran's lumbar spine disability was not incurred in service and there is no evidence of arthritis within one year following service. The claim for service connection is denied.

The Board has granted an initial evaluation of 20 percent for the veteran's low back strain and degenerative disc disease, finding that these conditions meet the criteria for a 20 percent rating based on their impact on motion and neurological symptoms.

The Board has determined that the veteran's claimed disabilities, including left wrist and leg/knee injuries, cervical spine disorder, and lumbar spine disorder, are not related to service.

The Board found no clear and unmistakable error in the November 1994 rating decision that denied service connection for residuals of a left shoulder injury and low back strain. The evidence at the time did not establish current disabilities.

The Board has ordered further development due to pending issues and evidence. The case is now being sent back for additional development from the Social Security Administration.

The Board has determined that the veteran's service-connected foot and ankle disabilities have aggravated his non-service-connected back disability, identified as degenerative disc disease of the lumbar spine. As a result, the claim for secondary service connection is granted.

The Board denied the veteran's claims for an increased rating for service-connected residuals of pilonidal cystectomies and service connection for a low back condition claimed as secondary to his service-connected residuals of pilonidal cystectomies.

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

The case is being remanded for additional development to ensure compliance with the Veterans Claims Assistance Act of 2000 and to provide the veteran with a VA orthopedic examination.

The Board has ordered further development in the veteran's case, including requesting additional evidence from the Social Security Administration. The case will be returned to the RO for completion of this development and consideration.

Your case is being sent back to the RO for further development and consideration of your claims for service connection for a digestive disorder and an increased rating for a back disability.

The veteran's claim for service connection of a low back disorder is being remanded due to the need for additional notification and development under the Veterans Claims Assistance Act of 2000.

The Board found that the veteran's low back disorder did not meet the criteria for an initial rating in excess of 20 percent.

The veteran is seeking an earlier effective date for service connection and higher initial evaluations for his DJD of the lumbar spine. The case has been remanded to obtain additional medical records and comply with VCAA requirements.