Back / lumbar spine decisions — 2004

The Board granted a 10 percent evaluation for arthritis of the left foot and reopened the claim for service connection for headaches. The other issues remain unresolved.

The Board has remanded the case for additional development, including obtaining medical records and scheduling a VA examination to determine the nature and etiology of the veteran's chronic low back disorder.

The veteran withdrew his appeal regarding the increased rating for degenerative disc disease of the cervical spine. The case remains pending for an increased evaluation for chronic sinusitis.

The Board has determined that the veteran's current osteoarthritis of the lumbosacral spine is a residual of an in-service low back strain, and therefore grants service connection for this condition.

The Board has determined that the veteran's claims of entitlement to service connection for hypertension and a low back disability must be remanded due to the need for additional development, including obtaining relevant medical records and affording the veteran with a VA examination.

The Board found that the veteran's low back disability was not incurred in or aggravated by active service and denied his claim for service connection.

The veteran's service-connected disabilities, including sleep apnea, major depressive disorder, mechanical low back pain, essential hypertension, right tibial plateau stress fracture, deviated nasal septum, and loss of sense of smell, are severe enough to prevent him from securing or following substantially gainful employment. As a result, the Board has granted his claim for TDIU.

The Board has remanded the veteran's claims for an increased evaluation of his service-connected degenerative disc disease L3-L5, status post laminectomy. The case will be returned to the Board after further development.

The VA Board found that the veteran's currently diagnosed low back disorder is not related to his period of active service, and thus denied his claim for service connection.

The Board has reopened the appellant's claim for service connection for low back condition and granted it, despite initially denying it on the merits.

The Board has remanded the case for additional development, including obtaining medical records and scheduling a VA examination to determine the existence and etiology of any currently manifested neck disorder, back disorder, right shoulder disorder, bilateral arm disorders, post-traumatic headaches, hearing loss, and tinnitus.

The Board found that the appellant's current upper and lower back disabilities were not related to any events or injuries in service, including an aircraft accident in 1943. Therefore, the claims for service connection were denied.

The appellant's claim for an evaluation in excess of 40 percent for degenerative joint and disc disease of the lumbar spine is being remanded due to the need for further development under the revised criteria for rating intervertebral disc syndrome.

The Board has decided to remand the case for additional development, including a VA examination and further analysis of the veteran's claims for service connection for low back and left hip disorders.

The veteran's appeal is remanded for additional development, including obtaining treatment records and scheduling a VA examination to assess the severity of his service-connected lumbar disability. The claim will be readjudicated after considering both old and amended versions of the Schedule for Rating Disabilities of the Spine.

The Board has determined that further action is required to comply with the VA's duty to assist in the development of the veteran's claim, including obtaining an examination and opinion addressing his contentions regarding his back disability.

The Board found that no timely appeal was received to the April 2000 rating decision reducing the veteran's disability rating from 60% to 20%. As a result, the effective date for the increased rating of 60% remains November 1, 2001.

The veteran's claim for an initial evaluation in excess of 20 percent for degenerative joint disease, lumbar spine is being remanded due to the need for further development and consideration of revised rating criteria.

The veteran's appeal is being remanded for scheduling a video teleconference hearing before a Veterans Law Judge.

The Board is remanding the case to verify the veteran's service dates, particularly any Active Duty for Training (ACDUTRA) or Inactive Duty Training (IADT) in 1986. The claim will be reconsidered with consideration of new and material evidence.