Back / lumbar spine decisions — 2004

The Board has reopened the veteran's claim for service connection of back disability due to new and material evidence submitted since the last denial. The issue is now remanded for further development.

The Board has granted a 30 percent rating for the veteran's neck injury with chronic strain and degenerative disc disease C6-7, effective from February 1, 2002. The other issues were not addressed as they are inextricably intertwined with the neck issue.

The Board has remanded the case for further development and consideration, including obtaining medical records and conducting a VA examination to address the etiology of the veteran's low back disability.

The Board has granted a compensable evaluation (10%) for the veteran's low back sprain, but denied service connection for his right hip disability.

The veteran's appeal is remanded to determine if an increased rating for his service-connected arthritis of the lumbar spine should be granted, and to consider revised rating criteria.

The VA denied an increased evaluation for residuals of hemorrhagic fever, to include arthralgia of the low back and right ankle. The veteran's disability is currently rated at 10 percent.

The veteran's claims for increased evaluations of his service-connected conditions are being remanded due to the need for compliance with the Veterans Claims Assistance Act of 2000 and additional development.

The Board has remanded the case for further development of evidence to determine the current status and etiology of the veteran's claimed disabilities, including hearing loss, malaria residuals, cold injury to the feet, PTSD, back disorder, knee disorders, respiratory disorder, and diabetes mellitus.

The veteran is seeking service connection for a low back disability that he claims was caused by his service-connected left ankle and foot disabilities. The case has been remanded to obtain SSA records related to the veteran's Social Security disability benefits claim.

The veteran's claims for service connection for prostatitis with chronic urethritis and left epididymitis, as well as degenerative disc disease of the L5 spine with spondylosis and right-sided radiculopathy, were granted effective August 8, 2002.

The veteran is seeking to reopen his claim for service connection of lumbosacral strain. The Board has decided that new and material evidence must be provided before the claim can be reconsidered.

The veteran's appeal is being remanded for further development to ensure compliance with the notice and duty-to-assist provisions of the Veterans Claims Assistance Act of 2000 (VCAA).

The veteran's claim for special monthly compensation is being remanded due to the need for additional development, including clarification of his ability to perform activities of daily living and whether his service-connected lumbar spine disability alone qualifies him as housebound or requiring aid and attendance.

The Board has granted service connection for the veteran's claimed bilateral pes planus, a back disorder, and residuals of asbestos exposure. The claims were reopened based on new evidence submitted since the last final denial.

The veteran's low back disorder and ankle fractures are not service-connected. The RO denied his claims for increased ratings and TDIU.

The Board has denied the veteran's claims for increased evaluations for his service-connected lumbar disc disease and left ankle strain, as well as his claim for TDIU. The current ratings of 40 percent for lumbar disc disease and 10 percent for left ankle strain are deemed sufficient to reflect the severity of these conditions.

The Board denied the veteran's claim to reopen his service connection for a back disorder due to lack of new and material evidence.

The Board found no evidence of current disability with respect to the veteran's hands, knees or right hip. The Board denied service connection for arthritis and disc disease of the lumbar spine, and arthritis of the thoracic spine, hands, knees, and hips as there was a complete absence of competent medical evidence relating these disabilities to any incident, injury or disease of active military service.

The Board found that there was no evidence of an in-service injury or disease resulting in the veteran's current back condition, and thus denied his claim for service connection.

The Board has remanded the case due to new legal interpretations and incomplete VCAA notification. The veteran's claim for service connection for degenerative disc disease of the cervical spine is on appeal, as well as his tinnitus rating.