Back / lumbar spine decisions — 2005

The Board has remanded the case due to a procedural defect and instructed that all evidence of record should be considered.

The Board is remanding the case to obtain additional VA medical records and to readjudicate the claim of reopening a service connection for low back disability.

The veteran's low back disorder is not service-connected.,His hypertension was initially rated as 10% prior to June 2001 and later increased to 10% effective June 2001.

The Board has determined that new and material evidence has not been submitted to reopen the claim of service connection for a back disorder, which was previously denied in October 1974. The additional evidence received since then does not relate to an unestablished fact necessary to substantiate the claim.

The veteran is seeking an increased rating for his service-connected degenerative joint disease with foraminal stenosis, lumbar myositis, strain, and bilateral S1 radiculopathy. The Board has determined that additional development is necessary due to changes in the criteria for evaluating back disorders.

The Board has determined that new and material evidence has not been submitted to reopen the veteran's claim of service connection for a back disability, thus denying the request.

The Board has determined that the veteran's service-connected chronic lumbar strain does not warrant a schedular rating higher than the current 40 percent, as there is no evidence of ankylosis or significant neurological impairment.

The Board has remanded the case to the RO for additional development, including obtaining medical records and scheduling examinations. The veteran's claims will be re-adjudicated after this is done.

The Board has granted a 20 percent evaluation for the service-connected low back strain with degenerative joint disease and degenerative disc disease, effective from January 1992. The claim of entitlement to service connection for a knee disorder is denied.

The Board has granted a 20 percent disability rating for the veteran's service-connected chronic low back pain, effective from December 9, 2004. The claim for TDIU due to service-connected disabilities remains pending.

The Board has granted an increased rating to 60 percent for the veteran's lumbosacral strain with degenerative disc disease, effective from when the claim was first filed.

The Board has remanded the case due to insufficient evidence regarding whether the veteran's current back disorder is related to service. Additional records and an examination are needed.

The veteran's claims for service connection for anxiety and stress disorder, low back disorder, and increased ratings for ankle and foot disabilities have been denied. The Board found no new and material evidence to reopen the claim for anxiety and stress disorder. Service connection was not established for a low back disorder or for an increase in disability ratings for ankle and foot conditions.

The Board denied the veteran's claims for earlier effective date for service connection and increased evaluations, finding that his preexisting conditions were aggravated by service but not warranting an earlier effective date or higher ratings.

The Board has denied the veteran's claims for service connection for his claimed right upper extremity condition, left upper extremity condition, low back condition, peripheral neuropathy of the right lower extremity, and peripheral neuropathy of the left lower extremity due to a lack of evidence linking these conditions to his military service.

The veteran's claims for service connection and initial compensable rating for his hearing loss, back injury, left knee disability, and right knee disability are being remanded for additional development.

The Board has ordered a remand to obtain additional medical evidence and determine if the veteran's current low back disability is related to his service.

The Board has reopened the claim for service connection for chronic sinusitis. The issue of service connection for a back disorder remains pending and is being remanded to allow further development.

The Board denied service connection for a low back disability and tendonitis of the feet, finding that there was no evidence of chronic disabilities during or within one year after service. The examiner concluded that any current low back disability is not related to service, and there was insufficient evidence linking tendonitis of the feet to service.

The veteran's claim for an increased evaluation for his degenerative disc disease of the lumbar spine is being remanded due to the need for additional development, including obtaining medical records and scheduling a VA examination.