Back / lumbar spine decisions — 2004

The veteran is seeking service connection for a back disorder. The Board has determined that additional development, including medical examination and opinion, is needed to properly adjudicate his claim.

The Board has determined that additional development is needed to properly evaluate the veteran's service-connected unstable lumbosacral spine with pseudoarthritis, including obtaining updated medical records and scheduling a VA examination.

The Board found no evidence to support the veteran's claim that his current lower back disorder is related to service, and thus denied service connection.

The Board has remanded the veteran's claims for higher initial ratings and service connection due to incomplete information, need for further examination, and potential changes in rating criteria.

The veteran's appeal is being remanded to obtain additional medical records and for further development.

The veteran's claim for an increased rating for his service-connected degenerative joint disease of the lumbosacral spine is being remanded due to new regulations and incomplete information.

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

The Board has granted restoration of a 40 percent evaluation for the service-connected low back disorder, but the remaining issue is to determine if an original evaluation in excess of 40 percent should be granted for the period since August 1, 1995.

The veteran's claim for an increased disability rating for his service-connected chronic lumbosacral strain with degenerative joint and disc disease at L4-L5 and lumbar radiculopathy was granted, resulting in a 60 percent evaluation effective from October 1991.

The Board denied the veteran's claims for increased ratings for lumbosacral strain, finding that the evidence did not meet the criteria for a rating in excess of 40 percent under either the old or amended criteria.

The veteran's claim for an initial evaluation in excess of 10 percent for degenerative disc disease (DDD) of the lumbar spine at L5-S1 is being remanded due to inadequate development and examination.

The veteran's claim for a rating in excess of 10 percent for his low back disorder is being remanded due to the need for additional development, including obtaining opinions from an appropriate specialist regarding the nature and extent of his service-connected condition.

The veteran is appealing for a higher initial rating of his service-connected degenerative disc disease of the lumbosacral spine with limitation of motion, which was initially rated at 20 percent. The Board has remanded the case to obtain additional medical evidence and conduct further examination.

The veteran's service-connected cervical spine disability warrants a 100 percent evaluation due to impairment resulting from the November 1993 motor vehicle accident, which cannot be clearly dissociated from his pre-existing service-connected injury.

The Board has determined that the veteran's respiratory condition represents an undiagnosed illness attributable to his service in the Southwest Asia Theater of Operations during the Persian Gulf War.

The Board denied the veteran's claims for increased ratings and service connection, finding that the evidence did not meet the criteria for higher ratings or service connection under the applicable rating criteria.

The veteran's appeal is remanded for further development, including obtaining medical records and scheduling a VA examination to assess the severity of his service-connected low back disability. The effective date for service connection and any increased rating will be determined based on the evidence.

The veteran's appeal is being remanded for the scheduling of a Board hearing at the RO. The case will be returned to the Board after the hearing.

The Board found that the veteran's appeals for higher ratings and secondary service connection were not timely filed, resulting in their dismissal.