Back / lumbar spine decisions — 2004

The Board has remanded the case to the RO for additional development and consideration of new evidence, including VCAA compliance.

The veteran's lumbar fusion with radiculitis is rated at 40 percent from March 6, 1996, through May 10, 2001. From May 11, 2001, to September 9, 2001, the rating remains at 40 percent.

The veteran's claims for increased evaluations for lumbosacral strain and tinea pedis with plantar warts of both feet are being remanded to the RO for additional development, including obtaining medical examinations and records.

The veteran's multiple chronic conditions, including coronary artery disease and generalized anxiety disorder, prevent him from dressing, attending to his wants of nature, and protecting himself from daily hazards. He is not blind or helpless, nor does he require the regular aid and attendance of another person due to being housebound.

The veteran's appeal is being remanded for additional development to determine her eligibility for specially adapted housing, a special home adaptation grant, and an automobile and adaptive equipment or adaptive equipment only.

The Board has determined that the veteran's current low back disability, including degenerative disc disease and lumbar spine stenosis with herniated disc at L4-L5, is related to an injury sustained during his service. As such, the claim for service connection is granted.

The Board dismissed the veteran's appeals because no timely substantive appeal was filed for his claims of service connection for back disability, left leg disorder, and cervical spine disorder.

The Board has granted service connection for a low back disorder and found that the veteran's current low back disability is linked to in-service trauma. The issue of genitourinary cancer, including cancer of the bladder and kidneys, remains pending as no VA examination or medical opinion was provided.

The Board finds that the veteran's low back disability is not service-connected, and his right hip disability claim cannot be decided without additional evidence.

The Board found that the veteran's current low back disability began during his active service and granted service connection for it.

The Board has remanded the case due to failure to provide proper VCAA notice and for additional development, including a VA examination.

The Board has remanded the case to obtain additional medical records and ensure compliance with the Veterans Claims Assistance Act of 2000 (VCAA). The veteran's claims for service connection for lumbar strain and spondylolisthesis are pending.

The veteran's claim for a rating in excess of 40 percent for his low back disorder is being remanded due to the need for additional development and consideration of both old and new criteria for rating intervertebral disc syndrome.

The Board has determined that additional development is needed before the case can be properly adjudicated. This includes obtaining relevant medical records and ensuring proper notice to the veteran.

The Board has remanded the case for additional development and adjudicative action due to issues related to service connection for osteoarthritis and degenerative disc disease of the cervical spine.

The Board denied service connection and an increased rating for the veteran's thoracic spine and low back disabilities, finding that there was no clear and unmistakable error in previous decisions. The evidence did not support a higher rating for sciatic nerve paralysis.

The veteran's claim for arthritis of the hands was denied as he does not have this condition.,Service connection was granted for post-operative residuals of a medial meniscal tear of the left knee with arthritis, and assigned a 10% evaluation effective October 1, 1994. The dorsal and lumbar spine disorder was recharacterized as arthritis of the lumbosacral spine with arthritis of the dorsal spine by x-ray evidence only, and assigned a 10% evaluation effective October 16, 1997.,Service connection for bronchial asthma was granted, and assigned a 30% rating effective October 1, 1994.

The Board denied service connection for a low back disorder and granted an effective date of May 29, 1996 for the grant of service connection for post-traumatic cervical spondylosis with upper extremity neuropathy. The veteran's claim for higher ratings was not addressed in this decision.

The Board denied service connection for hepatitis, bone disability, sight disability, back disability, skin disability, and psychiatric disability due to lack of evidence linking these conditions to the veteran's active military service.

The Board finds that the veteran's current low back disability is not related to service, but rather to injuries sustained after service.