Back / lumbar spine decisions — 2004

The veteran's appeal is being remanded to the RO via the Appeals Management Center (AMC) in Washington, D.C. for a videoconference hearing.

The Board has remanded the case for additional development, including obtaining details about a reported motor vehicle accident and reviewing the veteran's service medical records to determine if his current back disabilities are related to military service.

The Board denied an initial rating in excess of 10 percent for the veteran's degenerative disc disease of the lumbar spine with lumbosacral strain prior to October 23, 1995 and granted a 40 percent evaluation effective from that date.

The Board denied service connection for fibromyalgia as secondary to PTSD, finding that the preponderance of evidence indicated the veteran does not have fibromyalgia caused or aggravated by PTSD.

The Board has granted a 40 percent disability rating for the veteran's service-connected low back disorder, effective April 23, 2003.

The veteran's right femur and left knee scars are rated at 30 percent, while his low back disorder is rated at 40 percent. The RO granted the increased disability ratings for all three conditions.

The Board has remanded the case due to insufficient development and a need for further examination. The veteran's claim of service connection for a low back disability is pending.

The Board denied a higher rating for the veteran's lumbosacral strain, finding that his symptoms did not meet criteria for a higher than 40 percent rating.

The RO granted a 30 percent rating for right knee replacement effective October 1, 2004. The veteran's other claims were denied.

The Board granted service connection for a low back disorder, but denied the claims for initial ratings of 10 percent for a right wrist ganglion cyst and a non-compensable rating for a right shoulder lipoma.

The veteran claims service connection for low back disability, including degenerative disc disease and degenerative joint disease of the spine with mild sensory motor neuropathy. The case is being remanded to obtain a medical opinion regarding causation and to review the issue under VA's General Counsel's opinion in VAOPGCPREC 3-2003.

The Board has determined that the veteran's low back disorder and lung disorder are not service-connected.

The Board found no new and material evidence to reopen the veteran's claims for service connection for low back pain and headaches. The RO denied his claims of entitlement to compensable ratings for service-connected hemorrhoids and prostatitis.

The Board granted a 30 percent initial disability rating for service-connected major depressive disorder and found that the veteran's leg cramps, ingrown toenails, stomach disorder, ulcers, low back disorder, hepatitis A, delayed stress syndrome, headaches, and residuals of a head injury are not currently diagnosed or supported by evidence. The effective date is not specified.

The Board denied the veteran's claims for higher ratings for his service-connected low back strain and tendonitis of the right foot, as well as his claim for service connection for scars on his right forearm. The RO assigned a noncompensable rating for the veteran's low back disability.

The Board has remanded the case due to the need for additional information and records, including verification of the veteran's reserve duty dates and any service records from that time.

The Board has remanded the case for additional development and to obtain medical opinions regarding the appellant's service-connected disabilities.

The Board has determined that the veteran's service-connected low back disorder alone renders him unemployable, and thus grants a TDIU based on this condition.

The Board has granted service connection for a low back disability, determined to be a direct service connection without any presumption or secondary theory.

The Board has decided to remand the case for further development, including obtaining VA and private medical records from September 2001 to the present.