Back / lumbar spine decisions — 2004

The veteran's claim for an increased evaluation for his service-connected lumbosacral spine injury is being remanded due to the need for additional evidence and a new examination.

The Board has remanded the case for additional development, including obtaining medical records and providing a VA examination to determine if any current low back or stomach disorders are related to service.

The veteran's claim of reopening his low back disability and service connection for an acquired psychiatric disorder is being remanded due to the need for additional development, including obtaining medical records and scheduling a VA examination.

The veteran's appeal is remanded for further development, including a VA examination to assess the severity of his service-connected cervical, thoracic, and lumbar spine disabilities as well as his residuals of shell fragment wounds of the left and right shoulders.

The Board has determined that new and material evidence has been submitted, allowing the veteran's claim for service connection of a back disorder to be reopened.

The appeal is being REMANDED to the RO via the Appeals Management Center (AMC) in Washington, DC for further action. The veteran and his attorney need to provide additional evidence and information regarding their claims.

The Board found no evidence to support the veteran's claim of service connection for a back disorder and denied his increased rating claim for bilateral chondromalacia. The veteran's current disability picture does not meet or approximate the criteria for higher ratings under applicable diagnostic codes.

The Board found that new and material evidence had not been submitted to reopen the claim of service connection for a back disorder. The veteran's claim was denied as there was no showing of continuity between in-service back problems and current disability.

The Board has granted the veteran's claims for service connection for bilateral hearing loss, scoliosis, and degenerative joint disease of the thoracic and lumbar spines. The decision is based on evidence showing these conditions are related to service.

The Board has determined that the veteran's degenerative disc disease of the lumbar spine is service-connected. The issue of service connection for a cervical spine disorder remains pending and requires further examination to determine if it is at least as likely as not related to service.

The Board has remanded the case for further development, including obtaining additional medical records and scheduling a VA examination to determine if the appellant's service-connected left knee disability caused or aggravated his lumbar spine and right ankle disorders.

The Board has granted an initial disability rating of 20 percent for the veteran's service-connected residuals of fragment wound to the back, which is analogous to impairment of Muscle Group XX. The veteran does not have a compensable rating for his scar due to lack of evidence of disabling manifestations. Service connection was denied for degenerative joint disease of the lumbar spine as it is not related to military service.

The veteran's claim for a temporary total evaluation under 38 C.F.R. § 4.29 and 4.30 was denied because the surgery performed at a VA medical center on October 29, 2001, pertained to a nonservice-connected cervical spine disability.

The Board has determined that additional development is needed before the claims can be fully adjudicated.

The Board has remanded the case for additional development, including obtaining medical records and conducting a new examination to determine the current level of the veteran's disability. The veteran is also referred to provide any evidence in their possession that pertains to the claim.

The veteran's appeal is being remanded to the Chicago RO for a Travel Board hearing at the earliest practical date.

The VA determined that the veteran's spondylolisthesis of the lumbosacral spine warrants a 20 percent evaluation, effective from the date of his claim.

The Board has reopened the veteran's claim and found that new evidence supports a finding of service connection for a back disorder. The current evidence is sufficient to establish that the veteran incurred this condition during his military service.

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

The Board has remanded the case for further development, including obtaining a medical opinion regarding the relationship between the veteran's service-connected left knee disorder and his claimed low back disability. The rating for chondromalacia of the left knee remains under review.