Back / lumbar spine decisions — 2003

The VA determined that the veteran's lumbosacral strain does not warrant a rating higher than 40 percent, and denied his claim for a total disability rating based on individual unemployability due to service-connected disabilities.

The Board found that the veteran does not have a back disorder related to service and denied his claim for service connection. The conditions identified, including spina bifida occulta, transitional vertebra, lumbarization, spondylolysis, spondylolisthesis, and lumbar radiculopathy, were not shown as resulting from in-service disease or injury.

The Board has denied the veteran's claims for service connection for a left knee disorder and low back disorder as secondary to his service-connected residuals of a left tibia and fibula fracture. The claim for service connection for a cervical spine disorder is pending due to conflicting evidence.

The Board has granted service connection for chronic lumbosacral strain/sprain syndrome, finding that the veteran's condition is related to a service-connected injury.

The veteran's service-connected lumbosacral disc disease and bilateral hip degenerative joint disease have been rated based on their severity. The rating for the lumbar spine condition has varied from 20% to 60%, while the hip condition was initially rated at 10% but reduced to non-compensable.

The Board has ordered additional development to determine if the veteran's current back disability was caused by surgery performed at a VA facility in September 1990. The case will be readjudicated after all necessary information and evidence are obtained.

The veteran's claim for an increased rating for his low back disability is being remanded due to the need for additional development of evidence.

The Board has ordered further development in your case due to pending issues and evidence. Your case was sent to the Board's Evidence Development Unit (EDU) for additional development.

The Board has determined that new and material evidence has been submitted to reopen the veteran's claim for service connection for back disability on a secondary basis, as his current degenerative disc disease of the lumbar spine is causally related to his service-connected left foot disability.

The Board has remanded the case for additional development due to new evidence and compliance with VCAA requirements.

The Board has determined that the veteran's cervical spine disability warrants a 30 percent evaluation from May 20, 2002 to September 22, 2002. The lumbar spine disability is rated at 30 percent since September 23, 2002.

The veteran's claim for special monthly pension based on the need for regular aid and attendance of another person or being housebound was denied as there is no evidence that he requires such assistance.

The Board has remanded the case due to inadequate development and notification, including failure to provide a VA examination as requested in prior remands.

The Board denied the veteran's claims of service connection for cervical spine, bilateral shoulder, and low back disorders. The claim to reopen a left knee disorder was also denied due to lack of new and material evidence.

The Board has granted the veteran's claim for service connection for a back disability, finding that his current condition is due to injuries sustained during his active military service.

The Board found that the veteran's chronic low back disorder resulted from a pre-existing defect of the spine, spondylolysis, which was subject to superimposed injury during service. The claim for service connection is granted.

The veteran's schizophrenia has resulted in total occupational and social impairment, warranting a 100 percent rating. The low back disability (fibromyositis) is currently rated at 10 percent.

The Board found that new and material evidence had been submitted to reopen the veteran's claim for service connection for a back disability. The veteran's depression was also found to be proximately due to or the result of his service-connected foot disabilities, leading to service connection for this condition as secondary to his service-connected cold weather injury.

The Board has denied the veteran's claims for service connection and initial ratings for his disabilities, finding no current disability of the eyes for which service connection may be granted.

The Board has reopened the veteran's claim for service connection of a low back disorder and is now considering it on its merits.