Back / lumbar spine decisions — 2004

The Board has reopened the veteran's claim of service connection for a back disability due to new evidence presented, and finds that it is related to his military service.

The Board has determined that the veteran's current low back disability is reasonably incurred during service, and thus grants service connection for this condition.

The Board has ordered further development in the veteran's case, including medical examinations and opinions regarding service connection for a prostate disorder and whether new and material evidence has been submitted to reopen a claim of entitlement to service connection for a back disorder. The appeal is being remanded for these actions.

The veteran's arthritis of the thoracolumbar spine, right shoulder, left hip, right hand, and left hand are all rated at 10 percent. The rating for arthritis of the right shoulder has been increased to 30 percent effective November 23, 2002.

The veteran's claim for an increased evaluation for his left knee disability has been granted. His TDIU claim remains pending.

The veteran's claims for service connection and increased disability ratings were denied. The Board found that the veteran did not have current disabilities related to hives, wrist disorders, carpal tunnel syndrome, or a lumbar spine disorder. Service connection was also denied for chronic sinusitis and seasonal allergies and migraine headaches.

The veteran's low back disability, characterized as lumbar strain, has been rated at 20 percent since July 5, 1995. The most recent VA examination in November 2002 showed a range of motion of the lumbar spine with some limitation due to pain and no significant neurological deficits. However, the veteran's disability does not meet or approximate criteria for an evaluation higher than 40 percent.

The Board has determined that the veteran's disabilities do not meet the criteria for special monthly pension on account of the need for aid and attendance or being housebound.

The Board denied the veteran's claim for an increased evaluation for her service-connected degenerative joint disease of the cervical spine with radiculopathy, currently rated at 40 percent.

The Board has remanded the veteran's claims for further development due to issues related to his hemorrhoids, hearing loss, and lumbar strain. The appeals on whether a timely appeal was filed on the neck and arm disorder issues have been dismissed.

The Board has remanded the case due to the appellant's inability to attend a scheduled hearing, and requests for a Travel Board hearing are pending.

The Board has reopened the veteran's claim of service connection for back disability and granted service connection for PTSD. The claims for hip disability, bilateral hearing loss, and anxiety neurosis are denied.

The Board has determined that the veteran's service-connected disabilities render him unable to protect himself from daily environmental hazards, warranting special monthly compensation based on the need for regular aid and attendance.

The Board has determined that additional development is needed before the claim can be decided, including notification to the veteran of his rights under the Veterans Claims Assistance Act of 2000 and scheduling a VA examination.

The veteran's combined nonservice-connected disability rating is 70%, which does not meet the threshold requirement for special monthly pension based on need for regular aid and attendance or housebound status.

The Board has reopened the veteran's previously denied claim of service connection for a back disorder and is granting it.

The case is being remanded for further development, including a VA examination to determine the nature and etiology of any diagnosed low back disorder and the current severity of the veteran's service-connected right knee disability.

The veteran's low back disability was rated at 20 percent from October 16, 1996 to January 30, 2000 and later increased to 30 percent effective January 31, 2000.

The veteran's appeal is remanded due to the need for additional development, including obtaining updated VA treatment records and arranging for a comprehensive orthopedic examination.

The veteran's appeal is being remanded for further development, including a VA examination and consideration of the revised rating criteria.