Back / lumbar spine decisions — 2004

The Board has denied the veteran's claims for service connection for residuals of a right ankle injury and for an increased disability rating for lumbosacral strain.

The veteran's appeal is being remanded for additional development, including obtaining medical records and scheduling a VA examination to evaluate his low back strain. The issues of entitlement to an increased rating and individual unemployability are also being addressed.

The Board has remanded the case for additional development due to inadequate VCAA notice and procedural errors.

The Board has remanded the veteran's claims for increased evaluations for scoliosis with lumbar pain and bilateral flat feet with bunions due to incomplete compliance with notification requirements under the Veterans Claims Assistance Act of 2000.

The veteran's claims for increased ratings for chronic lumbosacral strain and headaches are being remanded to the RO for additional development, including obtaining VA treatment records and scheduling a new VA examination.

The veteran's claim for service connection for low back disability is being remanded due to the need for additional development, including a VA examination and notification of the VCAA.

The Board denied the veteran's request to reopen his claim for service connection for bilateral foot disorders and also denied his request to reopen his claim for a low back disorder. The decision is final as of January 1995.

The Board has determined that new and material evidence has been received to reopen the veteran's claim of entitlement to service connection for a chronic low back disorder.

The Board denied the veteran's claims for service connection for asbestosis and low back disorder, finding that there was no evidence of a nexus between these conditions and his military service.

The Board has granted service connection for post-traumatic arthritis of the lumbosacral spine, a Grade 2 spondylolisthesis of L5-S1, and foot calluses. The heart disorder claim is pending as an original claim due to lack of prior final decision.

The veteran is granted special monthly pension based on the need for regular aid and attendance due to his multiple service-connected disabilities, including degenerative joint disease of various joints and arrhythmia. He does not meet criteria for housebound status.

The veteran's claims for service connection for chronic low back disability and hypertension are being remanded due to the need for additional examinations and opinions.

The Board has granted service connection for the veteran's degenerative joint disease/degenerative disc disease of the lumbar spine, finding that it is at least as likely as not related to in-service trauma. The effective date remains pending.

The Board has determined that additional development is needed to properly adjudicate the claim for service connection for a low back disorder, including obtaining medical opinions and clarifying the nature of any shrapnel fragments in the appellant's body.

The Board denied reopening the claim for service connection for ulcerative colitis and denied increased ratings for SFW residuals of the lumbar and dorsal spine, as well as a TDIU rating.

The Board denied the veteran's claims of service connection for a low back disability and bipolar disorder, finding that there was no evidence to support these conditions as being incurred in or aggravated by active service.

The veteran's right knee medial meniscus tear was not incurred in service and is not proximately due to or the result of a service-connected disability. The veteran's low back disability has been rated at 40% based on severe limitation of motion.

The veteran's claim for an initial evaluation in excess of 20 percent for degenerative arthritis of the thoracic and lumbar spine is being remanded due to changes in the relevant regulations concerning spine disorders.

The Board denied the veteran's claims for service connection for cervical, thoracic, and lumbar spine disorders including as secondary to his service-connected injury to Muscle Group (MG) XXII. The claim for an increased rating for MG XXII disability was also denied.

The Board is remanding the case to the RO for further development and review of the veteran's claims, including obtaining updated medical records and conducting additional examinations. The issues include evaluations for chronic low back pain and arthritis of the left knee, as well as entitlements related to a meniscectomy and scarring.