Back / lumbar spine decisions — 2004

The Board has granted a higher rating of 60 percent for the veteran's service-connected low back disability, finding that it is productive of severe, recurring attacks of intervertebral syndrome with intermittent relief.

The Board of Veterans' Appeals found that there is no evidence of a current low back disorder, and thus denied the claim for service connection.

The Board found that the veteran does not have a low back disability attributable to his period of military service and denied his claim for service connection.

The Board has determined that the veteran's low back and neck disorders are related to service, granting service connection for these conditions.

The Board has remanded the case due to issues related to service connection for a left-sided impingement of the L5-S1 nerve root with disc protrusion, and the need to provide VCAA notice regarding increased rating for low back pain.

The veteran's claim for an initial rating in excess of 20 percent for his service-connected low back strain is being remanded to the RO for additional development, including obtaining medical records and scheduling a VA examination.

The veteran's claims for service connection for low back, left ankle, right foot, left hip, and bilateral knee disabilities were denied. The VA examination did not diagnose any of these conditions.

The Board has reopened the claim for service connection of a low back disorder and granted it. The veteran's sinusitis is currently rated at 10 percent, effective September 4, 2002, and his perforated nasal septum is rated as noncompensable.

The Board denied the veteran's request to reopen his claim for service connection of a low back disability, finding that no new and material evidence had been submitted.

The veteran's claims for service connection for low back disorder and vision disorder were denied. The issues of whether new and material evidence has been received to reopen his claims for degenerative joint disease of the right knee and left knee are currently pending.

The VA determined that the veteran's chronic lumbosacral strain with degenerative disc disease warrants a 20 percent evaluation, effective from July 11, 2002.

The Board has remanded the case due to incomplete medical records and a need for further examination regarding service connection for low back, right knee, and right shoulder disorders.

The Board dismissed the veteran's claims for service connection for a low back disability and an initial compensable rating for residuals of a left inguinal herniorrhaphy, including scarring, due to failure to file timely substantive appeals.

The veteran's claim for a higher rating for his service-connected degenerative disc disease and left L5-S1 radiculopathy prior to October 29, 2003 was denied. The RO found that the disability did not meet the criteria for a higher evaluation under the old rating criteria.

The veteran's appeal is being remanded for further development, including new VA examinations to evaluate his service-connected mechanical low back pain and residuals of a left ankle fracture. The RO must also review the claims files and re-adjudicate the veteran's claims under both former and current rating criteria.

The Board denied the veteran's claims for increased evaluations for his knee disabilities and service connection for a low back disorder as secondary to his knee conditions.

The Board denied the veteran's claims of entitlement to service connection for a right leg disorder, hearing loss, and low back disorder. The decision also noted that new and material evidence had not been submitted to reopen these previously denied claims.

The Board has remanded the case for further development, including scheduling a VA examination and obtaining additional information from the veteran. The issues of service connection for low back pain and right hip injury are still pending.

The Board found that there was no current low back disorder and insufficient evidence to establish a nexus between the veteran's service and any current condition. Therefore, the claim for service connection for a low back disorder was denied.

The veteran's service-connected disabilities, including optic neuritis, glaucoma, diplopia, and a right eye cataract due to multiple sclerosis, weakness of the Right Lower Extremity (RLE), weakness of the Right Upper Extremity (RUE), weakness of the Left Lower Extremity (LLE), and lumbosacral strain due to multiple sclerosis, are all rated at 40 percent.