Back / lumbar spine decisions — 2004

The veteran's appeal is being remanded due to the need for a personal hearing before a Veterans Law Judge at the RO. The initial disability ratings for arthralgia disease of the lumbar spine and sarcoidosis are still pending.

The veteran's appeal is being remanded to the RO for additional development due to VCAA compliance issues and consideration of secondary service connection theories.

The Board denied the veteran's claim for an earlier effective date for the grant of compensable evaluations for degenerative disc disease of the lumbar and cervical spine, finding that the earliest date that may be assigned as the effective date is September 20, 1996.

The Board denied a rating in excess of 20 percent for the veteran's service-connected lumbosacral strain with degenerative joint disease, finding that the evidence did not support such an increase.

The Board found that the veteran's current low back disability is not related to his service, and thus denied his claim for service connection.

The Board found that the veteran's service-connected intervertebral disc syndrome with degenerative disc disease has not met the criteria for a rating in excess of 40 percent since December 16, 1991.

The Board has determined that the veteran's claims for service connection for a low back disorder and a respiratory disorder, claimed as secondary to asbestos exposure, are denied as there is no evidence of chronic conditions during military service or current disabilities related to such conditions.

The Board found that the veteran's low back disability was not incurred or aggravated during his active duty service and is not related to any service-connected condition. The appeal for service connection has been denied.

The veteran's appeal is being remanded for additional development, including obtaining service medical records and providing the veteran with VA examinations to determine if his current disabilities are related to his military service.

The Board denied the veteran's claims for increased evaluations for his service-connected conditions, including multiple joint pain, chronic fatigue with lightheadedness and dizziness, mood disorder with depression and parasomnia, degenerative disc disease at C6-7, and bilateral hearing loss. The effective date is not specified.

The veteran's service-connected disabilities have rendered him unable to walk without the aid of a wheelchair, and he is entitled to specially adapted housing assistance or a special home adaptation grant.

The Board denied the veteran's claims for service connection for refractive error of the eyes, bilateral eye disability (to include corneal scars), and back disability. The claim for increased rating for right knee injury with degenerative joint disease was also addressed in the remand portion.

The veteran's claim for special monthly compensation based on need for regular aid and attendance or at the housebound rate is remanded due to incomplete medical records and a lack of VCAA notification.

The Board found that the veteran's low back disability, bilateral hearing loss, tinnitus, hypertension, sinusitis, and right foot fracture were not incurred or aggravated during active service. The VA examinations did not provide sufficient evidence to establish a nexus between these conditions and service.

The Board has determined that the veteran's chronic low back strain was incurred in service and granted service connection for this condition.

The veteran is seeking service connection for a back disability, specifically herniated nucleus pulposus of the lumbar spine. The RO has requested additional medical records and will provide a VA examination to determine the nature and etiology of his current back disability.

The veteran's disabilities do not meet the criteria for special monthly pension on account of need for regular aid and attendance or at the housebound rate.

The veteran's claim for service connection for residuals of a low back injury is being remanded due to the submission of additional evidence and the need to consider medical records, including those from his employment at FEMA. The case will be readjudicated after obtaining these records.

The Board has denied the veteran's claims for service connection for bilateral eye disability, right knee disability, cervical spine disability, and right arm and shoulder disability. The evidence does not support a finding of in-service injury or disease related to these conditions.

The veteran's appeal is being remanded to the RO for additional development and notification as required by the VCAA. The claims for service connection are not yet decided.