Back / lumbar spine decisions — 2004

The veteran is seeking an earlier effective date for the grant of service connection for his low back disability, which was initially granted in July 2001. The case must be remanded to ensure compliance with VCAA requirements.

The Board has determined that the veteran's low back disability, diagnosed as spondylolisthesis of L4-L5, was incurred in service due to a fall from a hovering helicopter during his combat service in Vietnam. The Board found all reasonable doubt in favor of the veteran and granted service connection for this condition.

The Board has remanded the case for further development, including obtaining updated treatment reports and arranging for VA orthopedic and neurological examinations to assess the current severity of the veteran's service-connected lumbosacral strain. The issue remains about determining an appropriate rating based on the current disability.

The Board has remanded the claims for increased ratings due to incomplete examination reports and additional development is required.

The veteran's Bell's palsy and mononucleosis are not shown to be related to service. His low back disorder is not due to an injury or other event during his period of active service.

The Board has determined that additional development is needed, including obtaining medical records and arranging for VA examinations to assess the veteran's disabilities. The claims will be remanded to the RO for further action.

The Board denied the veteran's claims of service connection for bilateral pes planus, a sleep disorder, and musculoskeletal disabilities of his lower extremities. The appeals for reopening claims regarding headache disorder, low back disability, and psychiatric disability (PTSD) were also denied.

The Board has determined that the veteran's service-connected low back disability warrants a 40 percent evaluation, effective from the date of the decision.

The VA has maintained a 10 percent disability rating for the veteran's chronic low back pain since October 2001, based on the criteria for lumbosacral strain.

The veteran's claims for service connection for bilateral knee disorder and back disorder are being remanded due to the need for additional medical examination.

The veteran's claim for an increased rating for his service-connected lumbosacral strain is being remanded due to the need for updated medical records, a VA examination, and consideration of new evidence.

The Board denied the veteran's claim for an evaluation in excess of 20 percent for his service-connected residuals of a lumbosacral strain on an extraschedular basis, finding that the disability did not present such an exceptional or unusual picture with related factors as marked interference with employment or frequent periods of hospitalization to render inadequate the regular schedular standards.

The Board has remanded the case to the RO for additional development of the evidence, including comprehensive VA neurologic and orthopedic examinations. The veteran's service-connected residuals of a low back injury are currently evaluated as 40 percent disabling.

The Board denied the veteran's claims for an increased rating for her service-connected left foot disability and service connection for secondary disabilities of the left ankle, knee, hip, and back. The veteran was not found to have a current disability in these areas.

The Board denied the veteran's claims for service connection for an acquired psychiatric disorder and a back disorder, finding that new and material evidence had not been submitted to reopen these claims.

The Board found that the veteran's cervical spine and low back disorders are not due to injury or disease incurred in service, nor can arthritis be presumed to have been incurred in service.

The Board found that the veteran's low back disorder warranted a 40 percent rating as of February 29, 2000, based on severe limitation of lumbar spine motion. The claim for an increased rating is granted.

The Board denied the veteran's claims for service connection for lumbosacral, left hip, and right hip disabilities as secondary to his service-connected residuals of a bone cyst of the left knee. The claimant's request for an increased rating for his service-connected residuals of a bone cyst of the left knee was granted.

The appellant is seeking an earlier effective date for a 60 percent evaluation of his service-connected low back disability, which was granted in November 4, 1997. The Board has determined that the RO did not provide adequate notice regarding the information or evidence necessary to substantiate the claim and has therefore remanded the case.

The Board found that the veteran does not currently have a diagnosis of any back disability and denied her claim for service connection.