Back / lumbar spine decisions — 2004

The veteran's appeal is being remanded for additional development, including obtaining updated treatment records and an addendum to the November 2002 VA examination. The issues of service connection for fibromyalgia on both direct and secondary bases, as well as consideration of the revised rating criteria for spine disorders, will be re-adjudicated.

The case is being remanded to comply with VCAA notice requirements and for further review of the veteran's claims for service connection for various disabilities.

The Board has remanded the case for additional development due to a failure by VA to satisfy its duty to assist in obtaining certain medical records related to the veteran's service-connected lumbosacral strain.

The Board has remanded the case for further development and readjudication, including obtaining additional medical records and considering whether staged ratings are warranted.

The veteran's claim for an increased evaluation for his service-connected lumbar radiculitis with narrowing of the disc interspace and instability of the joint at L5 - S1 was denied by the RO. The current rating is 60 percent, which is the maximum schedular rating available.

The veteran seeks a higher disability rating for his service-connected lumbosacral strain with degenerative disc disease at L5-S1, currently rated as 20 percent disabling. The RO is remanded to consider the revised diagnostic criteria and provide an opportunity for the veteran to respond.

The Board denied the veteran's claim for service connection for a back disorder, finding that it was not related to service or a service-connected disability.

The veteran's claim for service connection for low back disability is being remanded due to the need for a VA examination and compliance with VCAA notice requirements.

The Board has remanded the case for additional development due to missing VA treatment records and VCAA compliance issues.

The Board has denied the veteran's claims for service connection for pseudofolliculitis barbae, a right knee/leg disorder secondary to his service-connected left knee condition, and a back disorder secondary to his service-connected left knee condition. The denial is based on insufficient evidence showing that these conditions are related to his military service.

The Board has remanded the case due to the need for additional development, including a VA compensation examination and notification of the veteran's rights.

The veteran's appeals for increased disability ratings for PTSD, lumbosacral strain, hypertension, and post-traumatic headaches have been dismissed as the veteran withdrew his appeal in January 2004.

The Board has remanded the case for further development and consideration, including obtaining updated medical records and scheduling a VA examination.

The Board has denied the veteran's claims for service connection for lumbar spine stenosis and a right knee disability, finding no direct evidence of these conditions in service. The skin cancer claims were also denied as there is no evidence they are related to service-connected burn scars.

The Board found that the veteran's lumbar paravertebral myositis and bilateral L5-S1 radiculopathy do not warrant a rating higher than the current 40 percent disability rating.

The Board has remanded the case due to incomplete records and the need for additional examinations. The veteran's claims will be reviewed again after all necessary information is obtained.

The Board denied the veteran's claims for service connection for a low back disorder and a right knee disorder as secondary to his service-connected right ankle disability, and also denied an initial compensable rating for residuals of a right ankle fracture. The veteran is not entitled to these benefits.

The VA has determined that the veteran's low back disability, which is currently rated at 20 percent, does not warrant an evaluation in excess of this amount.

The Board has reopened the veteran's claim of service connection for low back disability and found new and material evidence to support this claim. The issues of service connection for left hip and left leg disabilities are also addressed.

The Board found that an earlier effective date prior to September 28, 2000 for the 50% evaluation of PTSD is not warranted. The veteran's claim for increased rating for his low back injury was also denied.