Back / lumbar spine decisions — 2004

The veteran's claims for increased evaluations of his service-connected chronic lumbar strain and right knee chondromalacia are being remanded due to the need for additional development, including obtaining medical opinions and evidence.

The Board has granted a disability rating of 20 percent for the veteran's service-connected right knee disability, finding that it more nearly approximates moderate knee disability. The back and left knee disabilities are not found to be related to the service-connected right knee disability.

The Board has determined that additional development is needed before the claims can be fully adjudicated. This includes obtaining medical records, arranging for a VA examination to assess PTSD, and ensuring compliance with all requested development.

The Board has remanded the case for additional development, including a VA orthopedic examination and compliance with notice and duty to assist provisions.

The Board denied the veteran's claims for service connection for a back disability and left elbow disability, finding that new and material evidence had not been submitted to reopen the claim for the left elbow disability. The back disability was determined to be unrelated to service.

The veteran's claim for an increased rating from 20 percent for his low back disability is being remanded due to the need to consider both old and new criteria, as well as the need for a VA examination.

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

The Board has remanded the case for further development, including a VA examination and consideration of amended rating criteria.

The Board denied the veteran's claims of service connection for a back disorder and entitlement to increased ratings for his left knee, right knee, and right thumb disabilities. The RO had previously denied these claims in October 1995.

The Board dismissed the veteran's claims of entitlement to service connection for a psychiatric disorder and a low back disability due to his death.

The Board denied the veteran's claims for service connection for heart disorder, PTSD, bronchitis, low back disorder, and headaches as a result of exposure to herbicides. The reasons included lack of evidence linking these conditions to service or to exposure to herbicides.

The Board has granted a 30 percent rating for each of the veteran's service-connected right and left knee disabilities, finding that her current range of motion and functional impairment warrant such an increase. The Board also found in favor of the veteran on her claim for secondary service connection for a low back disability due to her service-connected knee disabilities.

The Board has determined that the veteran's low back disability was incurred during service and is granted service connection.

The Board has remanded the case for additional development, including obtaining medical records and conducting examinations to determine the severity of the appellant's service-connected lumbar spine and cervical spine disabilities.

The Board has determined that additional development is needed to properly evaluate the veteran's claim for an increased initial rating in excess of 20 percent for low back syndrome. This includes obtaining medical records, arranging for a VA examination, and considering the most recent changes made to the General Rating Formula for Diseases and Injuries of the Spine.

The veteran's claim for an increased rating for his service-connected back disability is being remanded due to the need for a new VA examination, consideration of relevant regulations changes, and obtaining missing medical records.

The veteran's appeal is being remanded to the RO for further examination and development of his claim for a total compensation rating based on individual unemployability (TDIU) due to service-connected lumbar herniated nucleus pulposis, ankylosing, spondylitis, post-operative.

The Board has determined that the submitted evidence does not raise a reasonable possibility of substantiating the claims for service connection for an eye disorder and a low back disorder. Therefore, both claims are denied.

The veteran's death was not service-connected, but he had been continuously rated as totally disabled for a period of at least ten years immediately preceding his death. As such, DIC benefits were denied.

The Board denied the veteran's claim for service connection for a right leg disability manifested by pain, finding that there is no current disability of the right leg other than his already service-connected right knee disorder.