Back / lumbar spine decisions — 2004

The veteran's appeal is being remanded due to the need for additional evidence regarding his claims, including a VA examination and clarification of his service-connected conditions.

The veteran withdrew his appeal on several issues, including service connection for degenerative joint disease of the lumbar spine, emphysema, hypertension, and residuals of a right thigh injury. The case is dismissed as it relates to these issues.

The Board has reopened the veteran's claim for service connection of a back disorder due to new and material evidence submitted since the last denial in June 1999.

The Board granted service connection for sleep apnea and increased the rating for lumbar spine disability to 40 percent effective from May 14, 1998. The claim for an initial TDIU rating was not addressed in this decision.

The Board found that the veteran's low back strain prior to May 13, 2000 did not warrant a disability evaluation in excess of 10 percent.

The Board dismissed the appellant's appeal due to their death, and no further action can be taken on this case.

The veteran's appeal has been dismissed due to their death. The Board does not have jurisdiction to adjudicate the merits of this claim.

The Board has remanded the case due to a lack of notification for a VA examination, and the need to ensure compliance with the Veterans Assistance Claims Act (VCAA).

The veteran's appeals for increased ratings and an earlier effective date for his low back disorder have been withdrawn.

The Board found no medical evidence linking the veteran's current low back disability to his military service, including a gunshot wound. As such, the claim for service connection was denied.

The Board has remanded the case for further development, including a new VA examination to assess the severity of the veteran's low back disorder and determine if he is entitled to higher ratings or TDIU. The claims will be reconsidered based on the additional evidence.

The Board has remanded the case due to incomplete development and need for further medical examination.

The Board has ordered additional development due to incomplete records and the need for further medical opinion regarding the etiology of the veteran's low back disabilities.

The veteran's appeal is being remanded to the RO for additional development, including obtaining medical records and scheduling a VA examination. The issues of service connection and rating for his spine disabilities are pending.

The veteran's claims for service connection for bilateral hearing loss, peptic ulcer disease, sinusitis, refractive error, arthritis of the lumbosacral spine, arthritis of the right knee, and arthritis of the left knee were denied. The decision is based on a lack of evidence showing these conditions were incurred or aggravated during active duty service.

The Board denied the veteran's claim for special monthly pension based on need for regular aid and attendance or being housebound due to his service-connected disabilities, as well as his non-service-connected conditions. The RO previously granted a non-service-connected pension.

The Board determined that the veteran's chronic acquired low back disorder, diagnosed as variously, was incurred in service due to a traumatic injury sustained during active duty.

The veteran's appeal is being remanded to the RO for further consideration due to incomplete records and a request for a hearing.

The veteran's internal derangement of the left knee was rated at 20 percent from April 23, 1997, to June 30, 2003.,Osteoarthritis with limitation of motion of the left knee (status post surgery) was rated at 100 percent from August 4, 2000, to September 30, 2000; 20 percent from October 1, 2000, to June 5, 2001; and 30 percent since August 1, 2002.,Degenerative disc disease of L5-S1 was rated at 40 percent from September 11, 1998, to February 7, 2001; 60 percent from February 8, 2001, to January 31, 2002; and 40 percent since April 1, 2002.,Right L-5 radiculopathy affecting the right lower extremity was rated at 20 percent from September 23, 2002.,Service connection for trochanteric bursitis of the right hip (claimed as secondary to service-connected left knee disability) was granted.

The Board has reviewed the evidence and determined that new and material evidence has not been submitted to reopen the claims for service connection for a back disability and hearing loss. The claims are therefore denied.