Back / lumbar spine decisions — 2003

The Board found no evidence of a currently diagnosed chronic low back disorder and denied the veteran's claim for service connection.

The Board has granted service connection for a low back disorder, but the issue of a higher initial rating for epididymitis is deferred and must be addressed in the REMAND portion.

The veteran's appeal has been dismissed due to his death.

The veteran's claim for service connection for a back disorder is being remanded due to the invalidation of VA regulations related to the Veterans Claims Assistance Act of 2000 (VCAA). The RO must ensure that all development required by the VCAA has been conducted and completed, including obtaining any additional evidence identified by the veteran. If the claim remains denied after this additional development, a supplemental statement of the case should be issued.

The Board denied increased ratings for the veteran's service-connected disabilities, including right foot weakness and dysfunction with deformity of first, second, and third toes; left shoulder disability (shell fragment wound); right shoulder scar with retained foreign body as a residual of shell fragment wound; right thigh scar with retained foreign body as a residual of shell fragment wound; right knee scar with retained foreign body as a residual of shell fragment wound; and lumbar area scar with retained foreign body as a residual of shell fragment wound.

The Board has determined that the veteran's low back disability is proximately due to or the result of his service-connected left knee disability, and thus grants secondary service connection for this condition.

The veteran's appeal is being remanded to the RO for additional development and consideration of his claims, including compliance with Veterans Claims Assistance Act of 2000 requirements.

The Board has granted service connection for the veteran's low back disability, finding that it is proximately due to his service-connected right shoulder disability.

The Board has remanded the case for additional development and consideration of new evidence, including due process requirements under the VCAA.

The veteran's claim for an increased rating for his lumbar spine degenerative disc disease with L4-5 laminectomy residuals is being remanded to the RO for further development.

The Board denied an increased rating for the veteran's service-connected thoracic-lumbar strain with degenerative joint disease, currently rated at 20 percent.

The Board has determined that new and material evidence has been submitted to warrant reopening of the claim of service connection for a low back disability.

The veteran's claim for an increased rating for his service-connected low back disability was granted, with a current evaluation of 40 percent.

The veteran's right knee disability was rated at 20 percent from March 15, 1996, to October 28, 1998. From October 28, 1998, to October 1, 2001, the rating increased to 30 percent. After that date, a separate evaluation of 20 percent was granted.,For chronic lumbosacral strain with right-sided numbness, an initial 10 percent evaluation was assigned from March 15, 1996, and later upgraded to 20 percent effective October 21, 1999.

The Board found that the veteran's low back disability did not result from any disease, injury, or incident during his active duty for training. The preexisting gunshot wound residuals did not increase in severity during service.

The Board denied service connection for the claimed disabilities, finding that there was no evidence of a nexus between the veteran's current conditions and his military service.

The Board has determined that the veteran's degenerative changes in his lumbosacral spine, right knee, and left knee are not due to any incident of service. The claims for service connection have been denied.

The Board found no evidence of a current low back disability and denied service connection for the veteran's claimed low back disorder. For his rotator cuff syndrome, the Board determined that there was not enough evidence to grant a compensable evaluation.

The Board found that the veteran's current low back disorder is not related to his service and denied his claim for service connection.

The veteran's service-connected disabilities, including degenerative disc disease with lumbosacral strain and a right rib fracture, have resulted in the loss of use of his lower extremities. The Board has granted certificates of eligibility for financial assistance in acquiring specially adapted housing or a special home adaptation grant, as well as for purchasing an automobile or other conveyance and adaptive equipment.