Back / lumbar spine decisions — 2004

The veteran's appeal was dismissed because his substantive appeal to the Board with regard to an application to reopen a claim for service connection for back disability, and claims for increased ratings for residuals of an incision affecting the 11th and 12th intercostal nerves, and residuals of nephrolithiasis with a partial left nephrectomy and right pyelolithotomy was not filed within one year of notification of the initial rating decision or within 60 days of the statement of the case.

The Board has remanded the case to the RO for scheduling a videoconference hearing and will return it to the Board for further action if necessary.

The veteran's claim for an increased evaluation of his lumbosacral strain is being remanded due to the need for further development, including a VA examination and consideration of revised rating criteria.

The Board granted the veteran's claim for service connection for sarcoidosis and awarded a 100% evaluation for hypertension. The other issues were either withdrawn or dismissed.

The Board denied the veteran's attempt to reopen his claim for service connection for a chronic lumbar paravertebral muscle myositis, finding that new and material evidence had not been presented.

The veteran's appeal is remanded for additional development, including scheduling a VA examination and ensuring compliance with the Veterans Claims Assistance Act of 2000.

The veteran's claims for increased evaluation of his service-connected avulsion fracture, left distal fibula with avulsion of the lateral talofibular ligament and service connection for a low back disability and right hip disability were denied. The RO continued a noncompensable evaluation for the veteran's service-connected avulsion fracture, left distal fibula with avulsion of the lateral talofibular ligament.

The veteran's appeal is being remanded for additional development, including notification and examination.

The veteran's combined disability rating is in excess of 70 percent, meeting the criteria for a total disability rating based on individual unemployability due to service-connected disabilities.

The Board found no evidence of a low back disorder during service and concluded that the current condition is not related to service. The claim for service connection was denied.

The Board has determined that the veteran's current low back disability is not related to his active duty service and denied his claim for service connection.

The veteran's appeal is remanded due to the need for additional development, including obtaining a VA examination and ensuring proper VCAA notice.

The Board found no evidence linking the veteran's current low back disability to service and denied his claim for a compensable evaluation for malaria. The veteran's claims were not granted.

The Board has determined that the veteran's current low back disorder, residuals of a right ankle fracture, headaches, and hypertension are etiologically related to service. Therefore, these claims are granted.

The veteran's claim for an increased evaluation of his service-connected lumbosacral strain is being remanded due to the failure to report for scheduled VA examinations and because new regulations pertaining to spine ratings must be applied.

The Board has determined that additional development is needed to determine the etiology of any current right ankle, right knee, or low back disorders and to ensure compliance with VCAA requirements.

The veteran's lumbar degenerative disc disease is proximately due to and the result of his service-connected right ankle disability, which has aggravated his back condition.

The veteran's appeal is being remanded to the RO for further development, including obtaining updated treatment records and scheduling a VA examination. The goal is to reassess his service-connected degenerative joint disease of the lumbar spine.

The Board has decided to remand the case for additional development, including obtaining medical records and providing the veteran with a VA examination.

The Board has determined that the veteran was unemployable due to service-connected disabilities as of August 2, 2001 and granted a total disability evaluation based on individual unemployability with an effective date of August 2, 2001.