Back / lumbar spine decisions — 2004

The Board has remanded the case for additional development due to incomplete evidence and need for VA examinations.

The Board has granted a 20 percent rating for the veteran's low back strain with herniated disc, effective from the date of the decision. The veteran's claim for TDIU was also granted.

The veteran's claim for an earlier effective date for the grant of service connection for degenerative joint and disc disease of the lumbar spine was granted, but only as of March 12, 1999.,The veteran's claim for a total rating based on individual unemployability (TDIU) was denied.

The Board denied the veteran's claims of service connection for neck, low back, gout, and psychiatric disorders due to a lack of new and material evidence.

The Board has determined that the veteran's current back disorder is not related to his service, and thus denied his claim for service connection.

The Board has remanded the case due to conflicting medical opinions regarding the etiology of the veteran's degenerative disc disease of the cervical spine. The RO is instructed to obtain a medical opinion from a VA examiner to address whether it is as likely as not that the condition is related to an injury or disease in service.

The Board has remanded the case due to incomplete development and a need for further examination.

The veteran's appeal is being remanded for additional development, including obtaining treatment records and scheduling a VA examination.

The Board found that the veteran's bilateral pes planus was not incurred in or aggravated by service. The claim for an initial evaluation in excess of 20 percent for lumbosacral strain is being remanded to the RO.

The veteran is granted an effective date of December 30, 1991 for his total disability rating based on individual unemployability due to service-connected disabilities.

The Board has determined that a more contemporaneous examination is needed to ascertain whether the need for specially adapted housing cited by Dr. Roberts is attributable to specific service-connected disabilities.

The Board denied the veteran's claims for service connection for low back disability, genitourinary disability as secondary to a service-connected disability, and nervous disorder. The evidence did not support these claims.

The veteran's service-connected low back disorder is rated at 40 percent under the old rating criteria for moderate to severe intervertebral disc syndrome, which approximates his current symptomatology. The veteran is not entitled to a higher rating as his disability does not meet the criteria for pronounced intervertebral disc syndrome.

The veteran's claim for an increased rating for his lumbosacral strain is being remanded due to the need for additional medical records and examination.

The Board has granted the veteran's claim for a total rating based on individual unemployability effective May 26, 2004. The veteran was found to be unable to work due to his back disability.

The Board denied the veteran's claims for service connection due to a lack of new and material evidence, as well as his degenerative joint disease of the lumbar spine.

The veteran is entitled to additional special monthly compensation for aid and attendance due to his need for regular assistance from another person, as a result of both his lower extremities disability and right shoulder DJD.

The Board has determined that new and material evidence has been submitted to reopen the previously denied claim of entitlement to service connection for a chronic acquired low back disorder, claimed as residuals of injury. The veteran's claim is now reopened.

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

The Board has denied the veteran's claims for service connection for a back disorder and a psychiatric disorder, to include PTSD. The evidence does not support a finding that these conditions are related to his military service.