Back / lumbar spine decisions — 2004

The veteran is seeking service connection for a mid and low back disorder, but the RO has denied this claim. The case is being remanded to obtain additional medical evidence and to schedule the veteran for a VA examination.

The veteran's initial ratings for chondromalacia of the right and left patellas were granted, but not increased. The RO also granted a 10 percent rating for his herniated disc of the lumbar spine effective March 20, 2001.

The Board denied the veteran's claims of service connection for a left thigh muscle injury and a lumbar back injury, finding that new and material evidence had not been submitted to reopen these previously denied claims.

The veteran is seeking service connection for depression, hip disorder, and low back disorder as secondary to his service-connected right eye disability. The case has been remanded due to the need for additional evidence from SSA and other sources.

The Board has determined that additional development is necessary before the case can be further adjudicated, including obtaining complete records of treatment and arranging for a VA examination to determine the likely etiology of the appellant's low back disability.

The veteran's claims for a higher rating for his lumbar spine DJD and service connection for hip, knee, ankle, and foot disorders are remanded due to the need for additional medical examination and consideration of revised VA rating criteria.

The veteran's claims for higher initial ratings for degenerative disc disease of L3-4 to L5-S1, mild broad based disc bulging with spondylosis and radiculopathy of the left leg were denied. His claim for separate 10 percent evaluations for bilateral tinnitus was also denied as a matter of law due to the undifferentiated nature of the disorder.

The Board denied the veteran's claim for service connection for a back condition, finding no current disability and noting that there were no chronic residuals of complaints made during service.

The Board has determined that new and material evidence was presented to reopen the claim for service connection for a back disability, but denied the claim on the merits. The case is being remanded due to procedural defects in the VCAA notice.

The veteran's claims for service connection were denied as there is no evidence of chronic disabilities related to his military service.

The Board denied the veteran's claims for higher ratings for patellofemoral pain syndrome of the left knee and mechanical low back pain, finding that the evidence did not support a higher rating under the applicable VA regulations.

The VA denied the veteran's claim for an initial disability rating in excess of 10 percent for his service-connected chronic lumbosacral strain, finding that the evidence did not meet the criteria for a higher evaluation.

The Board has granted an initial 20 percent rating for the veteran's low back strain with pain, effective from the date of his claim. The tinea pedis remains rated as noncompensable.

The veteran's intervertebral disc syndrome of the lumbar spine is currently rated at 40 percent, and the Board has determined that a higher rating (60 percent) should be granted based on the severity of his symptoms.

The veteran's claim for an increased evaluation for his service-connected chronic recurrent low back strain is being remanded due to the need for a VA examination and consideration of both old and new rating criteria.

The Board has determined that new and material evidence has been submitted to reopen the claim of service connection for a back disorder. The veteran's disability manifested by lumbosacral facet syndrome is due to disease or injury incurred in active service, while damage to cutaneous innervation of midposterior thoracic area is also likely due to an injury in active service.

The veteran's claim for service connection for PTSD was denied due to lack of a current diagnosis. The claim for an increased evaluation for lumbosacral strain was also denied as there were no findings supporting the need for a higher rating.

The Board has remanded the case for further action due to the veteran's request for a hearing and clarification of his wishes.

The veteran's claim for an increased evaluation for his service-connected lumbar spine disability is being remanded to the RO for additional development, including obtaining updated treatment records and scheduling a VA examination. The case will be readjudicated after these actions are completed.

The veteran's appeal is being remanded for additional development, including obtaining VA medical records and scheduling a VA examination to assess his low back disability and pes planus.