Back / lumbar spine decisions — 2003

The Board denied the veteran's claims for increased ratings for his left knee disabilities and a total disability rating based on individual unemployability due to service-connected disabilities.

The Board has remanded the veteran's claims for increased rating and TDIU due to incomplete development of evidence, including a need for additional medical opinions regarding employment impact.

The Board has ordered additional development to obtain service records and medical opinions regarding the veteran's claimed conditions.

The veteran's claims for increased ratings were denied as the evidence did not show that his service-connected disabilities warranted higher evaluations.

The veteran's service-connected low back and left hip disabilities do not render her unable to secure or follow a substantially gainful occupation, thus the claim for a TDIU rating is denied.

The veteran's low back strain, including degenerative disc disease, lumbar stenosis, and degenerative osteoarthritis of the lumbar and sacral spine is rated at 60 percent since April 16, 1996. The thoracic spine disability is rated at 10 percent.

The veteran's low back disability was increased to a 100 percent rating effective from July 24, 2002 due to surgery and convalescence. The RO then reduced the evaluation for his low back disability to 20 percent effective October 1, 2002. A separate 20 percent evaluation was assigned for associated left leg neurological deficits.

The Board has decided that additional development is necessary for the veteran's claim of service connection for a back disorder, and thus remands the case to the Regional Office (RO) for further action.

The Board denied all claims for increased ratings and a total rating based on unemployability due to service-connected disability.

The Board has granted a 60 percent rating for the veteran's lumbosacral strain with degenerative disc disease, which is the highest schedular rating available under Diagnostic Code 5293.

The veteran's appeal was dismissed due to his death, and no issues related to service connection were addressed.

The veteran's appeal is being remanded for additional development, including VA examinations to determine the nature and etiology of her claimed low back disability and reflux disease.

The veteran's claim for compensation benefits under the provisions of 38 U.S.C.A. § 1151 was denied because there is no objective medical evidence indicating that the EMG and NCV studies performed in September 1996 caused his current conditions.

The veteran's claim for an increased rating for her service-connected lumbosacral strain with degenerative disc disease is being remanded due to the need for compliance with the Veterans Claims Assistance Act of 2000 (VCAA).

The veteran's service-connected low back disability and right ankle disability do not prevent him from securing and following substantially gainful employment.

The Board has remanded the case due to insufficient evidence regarding the veteran's service connection claims for bilateral inguinal hernias and a low back disorder with nerve involvement. The RO is instructed to obtain medical opinions from experts in genitourinary disorders and orthopedics.

The Board has determined that the veteran's low back disability warrants a 40 percent evaluation, which is higher than the current 20 percent rating.

The veteran's claim for an increased evaluation for his cervical spine disability is being remanded due to the need for additional development, including a new VA examination under both old and revised rating criteria.

The Board has determined that there is no current evidence to support an increased disability rating for PTSD or lumbosacral strain, and thus the appeal is denied.

The VA denied the veteran's claim for an increased rating for his service-connected lumbar neuritis, finding that the current level of disability does not meet or approximate the criteria for a higher evaluation.