Back / lumbar spine decisions — 2005

The veteran was gainfully employed until September 19, 2002, despite her service-connected disabilities. The RO assigned an effective date of September 20, 2002, for the grant of a total evaluation based on individual unemployability.

The veteran's appeal is being remanded due to the need for a personal hearing before a Veterans Law Judge at the RO. The issues of service connection for PTSD, low back disorder, and residuals of frostbite are still under consideration.

The veteran's right ankle disability is currently rated at 20 percent, and his low back disability is rated at 10 percent. The Board has determined that the evidence does not support a higher rating for either condition.

The Board has remanded the case for additional development due to the appellant's failure to report for scheduled VA examinations.

The Board has determined that there is no current evidence of a bilateral knee disability or low back disability, and the veteran's claims for these conditions are denied. The claim for pes planus, bilateral, was not reopened due to lack of new and material evidence.

The Board has remanded the case for further development due to procedural and substantive reasons, including scheduling a VA examination at the Sepulveda VA facility.

The veteran's claim for an increased rating for his service-connected chronic low back strain with degenerative disc disease is being remanded due to the need for additional development, including obtaining medical records and a VA examination.

The veteran's appeal is being remanded for additional development, including obtaining treatment records and scheduling examinations to determine the nature and severity of his service-connected conditions.

The Board has determined that the RO did not properly evaluate the appellant's disabilities and remanded the case for further development, including obtaining medical records and scheduling a VA examination.

The Board has determined that the veteran's low back disorder and right knee disorder are not service-connected as they were either congenital or pre-existing conditions.

The veteran's claims for increased ratings and service connection have been denied. The Board found that the evidence did not support a higher rating for his left ankle fracture or a separate rating for his degenerative disc disease at L3-L4, status post laminectomy and diskectomy.

The Board found that the veteran's cervical spine disability, currently evaluated as 40 percent disabling for degenerative disc disease, does not warrant a higher rating due to lack of evidence showing more severe impairment.

The veteran's claim for service connection for lumbosacral strain and degenerative disc disease at L5-S1 is being remanded due to the failure of the appellant to appear for a scheduled hearing. The case will be rescheduled for a Travel Board hearing.

The Board has denied the veteran's claims for service connection for a back disability and bilateral elbow disability, finding that there is no competent evidence of such disabilities coincident with his period of active service.

The veteran's service-connected low back strain is currently rated at 20 percent, the maximum schedular rating available under the old and revised criteria. The right wrist carpal tunnel syndrome with strain issue remains pending.

The Board has remanded the case due to new evidence submitted by the appellant and the need for additional development of records from Social Security Administration.

The Board denied all issues related to service connection and rating for various knee disabilities, as well as an extension of a convalescent rating. The veteran's claim was based on new evidence that reopened the original claims.

The veteran's claim for an increased rating for his service-connected low back disability is being remanded due to the need for clarification of whether service connection is in effect for degenerative disc disease or intervertebral disc syndrome, and for a more current VA examination.

The veteran's service-connected disabilities render him unable to care for himself or leave the house without assistance, and he is therefore eligible for special monthly compensation on account of need for regular aid and attendance.

The veteran's claim for increased disability evaluations for lumbar spine with painful limitation of motion and degenerative disc disease is being remanded due to the need for additional development.