Back / lumbar spine decisions — 2004

The veteran seeks service connection for degenerative changes of the cervical and lumbar spine, but the VA examiner's opinion is insufficient to determine if these conditions are related to his military service. The case is being remanded for further evaluation.

The Board has remanded the case for additional development due to incomplete medical records and further review of the expanded record.

The Board denied extensions of temporary total ratings and increased ratings for various service-connected conditions, finding that the veteran did not meet the criteria for extended convalescence or higher disability ratings.

The Board has remanded the case due to inadequate VCAA notice, and the appellant must be provided with proper notice as per the Veterans Claims Assistance Act of 2000.

The Board has granted service connection for chronic degeneration of the neck, thoracic and lumbar segments of the spine. Service connection was denied for lymphedema of the right upper extremity due to lack of evidence linking it to service.

The Board denied service connection for PTSD, hypertension, cervical spine disorder, and lumbar spine disorder. The veteran does not have a current diagnosis of PTSD, and the evidence does not establish that his hypertension or lumbar spine disorders are related to his military service.

The veteran's service-connected lumbosacral strain is characterized by moderate limitation of motion and pain during flare-ups, resulting in a disability rating of 40 percent effective from June 10, 2003.

The Board has granted service connection for a low back disability, right ear hearing loss, and chronic dermatitis. The veteran's PTSD is rated at 50 percent.

The VA has determined that the veteran's service-connected low back disorder does not warrant a rating higher than 20 percent.

The Board has remanded the case for additional development due to procedural deficiencies and incomplete medical examinations.

The Board denied the veteran's claim for an effective date prior to January 17, 2001, for a 20 percent evaluation of his service-connected lumbar strain with hypertrophic changes and scoliosis. The Board found that there was no factually ascertainable increase in disability during the year prior to January 17, 2001.

The Board found that the veteran's degenerative disc disease of the lumbar spine was not incurred in or related to his military service, and thus denied his claim for service connection.

The Board has determined that additional development is needed to properly evaluate the veteran's spouse's claim for special monthly dependency and indemnity compensation due to her need for aid and attendance or being permanently housebound.

The veteran's mechanical low back pain is currently rated at 20 percent, but the Board finds that this evaluation does not meet the criteria for an initial disability evaluation in excess of 20 percent.

The veteran's claim for an initial evaluation in excess of 20 percent for his service-connected herniated lumbar discs, status post discectomies and lumbar interbody fusion at L4-L5 and L5-S1 is being remanded due to regulatory changes and the need for additional evidence.

The veteran's appeal is being remanded for additional development, including VA examinations and a videoconference hearing.

The Board is remanding the case to the RO for further development and readjudication, including obtaining additional medical records and determining whether new and material evidence has been submitted to reopen the claim.

The December 3, 2003 rating decision granted a TDIU effective March 25, 2003 based on new evidence.

The Board has remanded the case due to a reversal and remand by the Court of Appeals for Veterans Claims, requiring further development and consideration of the claim.

The Board denied reopening the claims of entitlement to service connection for left shoulder and low back disabilities due to lack of new and material evidence.