Back / lumbar spine decisions — 2004

The Board has remanded the case for further development due to issues related to service connection for various ankle and knee disorders.

The Board has reopened the claim for service connection for a low back disorder and granted it. The veteran's right knee disorder, including as secondary to a low back disorder, is also considered. However, there was no specific rating assigned or effective date provided.

The Board has granted service connection for tinnitus and a 10 percent evaluation for bilateral hearing loss. The claims of reopening the previously denied claims for Meniere's disease and a back disorder are remanded to the RO.

The Board found no evidence that the veteran was unemployable due to his service-connected disabilities within one year prior to November 2, 2000. Therefore, an earlier effective date for TDIU is not warranted.

The veteran's claims for service connection are being remanded due to the need for additional development, including obtaining medical records and conducting examinations.

The Board has dismissed the appeal due to a withdrawal of the appeal by the appellant's representative prior to the promulgation of a decision.

The Board has remanded the case due to the need for a VA examination and further development of the record.

The Board found that the veteran's low back disorder is not related to his period of active duty service and denied his claim for service connection. The sinus disorder was also not related to his military service, as there is no evidence linking it to his time in service.

The Board has remanded the case due to new evidence being added to the record and not yet considered by the RO. The veteran's claim for service connection for a back disorder will be reconsidered in light of this additional evidence.

The Board found that the veteran's low back disorder is not proximately due to or the result of his service-connected right and left ankle disabilities. The claim for an increased rating for chronic pain disorder with major depression was denied as there was no evidence showing it met the criteria for a 70% rating.

The veteran's claim for an increased evaluation of his lumbosacral spine disability was granted, with a current rating of 50 percent effective April 10, 2000.

The Board denied the veteran's claim for service connection for his low back disorder, finding that it was not incurred or aggravated by active duty and did not have its onset during service.

The Board denied the veteran's attempt to reopen his claim for service connection for a low back disability, finding that the evidence received since the April 1998 rating decision is not new and material.

The Board has remanded the case due to incomplete development and need for further examinations, including orthopedic, neurological, and psychiatric evaluations.

The veteran's claim for an initial evaluation in excess of 20 percent for degenerative changes of the lumbar spine was denied by the RO.

The veteran's service-connected conditions include GERD, headaches, a low back condition, and a psychiatric disorder. The Board granted service connection for these conditions based on direct evidence of their onset during active duty.

The Board has determined that the veteran's current low back disability and psychiatric disability are related to his service, resolving all reasonable doubt in favor of the veteran.

The Board has dismissed the veteran's claims due to a lack of timely filed substantive appeal regarding his service connection and increased disability evaluation for left knee injury with degenerative joint disease.

The veteran's claim is being remanded for further evaluation under the revised rating criteria for lumbar spine disabilities effective September 26, 2003. The RO must ensure all notification and development action required by the VCAA has been completed, including obtaining a VA neurological examination to determine the nature, extent, and severity of his service-connected lumbosacral strain with arthritis.

The Board has granted the veteran's claims for increased ratings for his thoracic and lumbar spine disorders, but denied his claims for initial compensable ratings for his bilateral knee disorders. The back issues are rated at 10 percent each prior to March 1, 2003, while the knee issues remain noncompensably rated.