Back / lumbar spine decisions — 2004

The Board has remanded the case for additional development, including obtaining medical records and ensuring compliance with VCAA requirements.

The Board denied an increased rating for the veteran's lumbosacral strain with degenerative disc disease, currently rated at 40 percent.

The veteran's claim for an increased rating for chronic cervical spine strain is being remanded due to the need for further development, including VA examinations and consideration of new rating criteria.

The Board finds that the appellant does not have a right knee disability that is causally related to or worsened by his service-connected left knee disability, and thus, denies the claim for service connection for a right knee disability secondary to service-connected left knee disability.

The Board denied the veteran's claims for service connection and a compensable evaluation for his right shoulder disability due to lack of evidence linking current conditions to service.

The veteran's appeal was withdrawn prior to the Board making a decision.

The Board has granted service connection for residuals of low back injury in September 1991, finding that the veteran incurred this disability during active duty training (ACDUTRA). Service connection is also granted for arthritis of the low back as secondary to a low back injury. The effective date and rating have not been assigned.

The Board has remanded the case for further development, including obtaining an opinion regarding whether the veteran's low back disorders are related to service and requesting copies of SSA records used in awarding disability benefits.

The Board has denied the veteran's claims for service connection for a chronic low back disability and residuals of a right eye injury, finding no competent evidence to support these claims.

The Board found that the veteran's low back disability is not related to his service-connected right hip bursitis and denied both claims for service connection and increased evaluation.

The Board has denied the veteran's claims for service connection for a back disorder secondary to his service-connected bilateral pes planus and whether new and material evidence has been received to reopen his claim of entitlement to service connection for a back disorder.

The veteran's claim for an increased rating for his service-connected lumbar spine disorder is being remanded due to the need to apply new regulations, obtain medical records, and conduct a VA examination.

The Board has determined that the veteran's low back disability, sinusitis, right great toe disability, and COPD are not related to his service. The case is being REMANDED for further action.

The Board has determined that a higher evaluation of 20 percent is warranted for the veteran's service-connected left shoulder acromioclavicular joint separation. The issue of entitlement to service connection for degenerative joint disease of the lumbosacral spine is being remanded due to incomplete information and need for further examination.

The Board has remanded the case for additional development, including obtaining records of treatment and scheduling a VA examination to determine the current manifestation of the veteran's low back disability. The RO will then readjudicate the claim considering the new and old version of the rating schedule.

The Board has granted an initial rating of 20 percent for low back strain with scoliosis from January 31, 2001. The veteran's appeal is pending for a higher rating since the maximum schedular evaluation was not assigned.

The Board has remanded the case for additional development, including obtaining medical records and providing the veteran with VA examinations to determine if his current left knee and low back disorders are related to service.

The veteran is seeking an increased rating for his service-connected low back disability, currently evaluated at 20 percent. The case has been remanded to the RO for further development and consideration under both old and new criteria.

The appellant seeks service connection for mechanical low back strain with pain and lumbarization at S1. The RO is remanding the case to obtain additional medical records and to provide the appellant with an examination to determine if she has a current low back disability due to disease or injury incurred in or aggravated by service.

The veteran's claim for special monthly pension based on a need for regular aid and attendance or housebound status was denied as he does not meet the criteria for either benefit.