Back / lumbar spine decisions — 2004

The veteran's appeal is being remanded to the RO for further action, including scheduling a hearing before a Veterans Law Judge at the RO. The case will be returned to the Board after this process.

The veteran's claim for an increased evaluation for his service-connected spondylolisthesis with degenerative disc disease, status post-operative fusion is being remanded due to the need for additional development and consideration of revised rating criteria.

The Board has determined that the VA's notification and assistance requirements under the VCAA have not been fully met, necessitating a remand for further action.

The Board has determined that new and material evidence has been submitted to reopen the veteran's claim of entitlement to service connection for a low back disorder. The case will now be evaluated in light of all the evidence, including the veteran's statements regarding his injury during service.

The veteran's claim for an increased rating for his service-connected lumbosacral strain with spasm is remanded. Additionally, the RO must consider whether he is entitled to a total rating for compensation purposes based upon individual unemployability due to his service-connected disabilities.

The Board has remanded the case to the RO for compliance with the Veterans Claims Assistance Act of 2000 and consideration of whether the relaxed evidentiary standard applies due to combat veteran status. The issue remains on appeal.

The Board has determined that the veteran's postoperative residuals of disc disease of the lumbar spine is related to his active duty service and grants this claim. The thoracic spine disability, however, was not incurred or aggravated during his military service.

The Board has determined that the veteran's lumbar spine, L4 spondylolysis with spina bifida, claimed as residuals of a lower back vertebral fracture, was incurred in service and granted service connection.

The Board has denied the veteran's claims of service connection for bilateral wrist condition, low back disorder, and right knee condition. The evidence does not support a causal relationship between these conditions and his period of active duty.

The veteran's appeal is being remanded due to the need for additional development and evidence.

The veteran's appeal is being remanded due to incomplete medical records and the need for a current VA examination to evaluate his low back disability.

The Board has remanded the case for additional development, including obtaining updated medical records and scheduling VA examinations to assess the severity of the appellant's service-connected lumbosacral strain. The RO must also ensure compliance with VCAA notice requirements.

The Board found no evidence that the veteran's current lower back disability is related to his military service, and thus denied his claim for service connection.

The veteran's degenerative joint disease of the lumbar spine was rated at 10% prior to April 25, 2003 and increased to 20% effective from April 25, 2003.

The Board has determined that new and material evidence has been submitted to reopen the claim of entitlement to service connection for a chronic acquired low back disorder claimed as residuals of injury, which was previously denied in December 1976.

The Board denied the veteran's claim for a temporary total convalescent rating under 38 C.F.R. § 4.30 based on outpatient treatment in May 1999 due to lack of severe postoperative residuals.

The Board has determined that the veteran's low back disorder is aggravated by his service-connected pes planus, and thus grants service connection for this condition on a secondary basis.

The veteran's claims for service connection, TDIU, and special monthly compensation are being remanded due to the need for additional examinations and development of evidence.

The veteran's low back disability, characterized by anterior wedging of the L1 vertebra, is rated at 10 percent. The RO granted an increased rating for this condition.

The Board granted service connection for a low back disability and assigned a noncompensable rating prior to March 23, 1998, and a 10 percent rating thereafter. The issues of bilateral hearing loss and a contusion of the thigh muscle were also addressed.