Back / lumbar spine decisions — 2005

The veteran's appeal is being remanded for further development, including the acquisition of updated VA treatment records and a comprehensive orthopedic examination to assess his thoracic spine condition.

The Board has remanded the case due to the need for further development and examination, including a VA C&P orthopedic examination to determine if the veteran's current thoracic and/or lumbosacral back disorder is related to his service-connected left knee and/or left hip disability or other incidents during active duty for training.

The veteran's appeal is for a higher initial rating for his service-connected degenerative disc disease and degenerative joint disease of the lumbosacral spine. The claim has been remanded due to procedural and evidentiary development needs.

The Board has determined that additional development is needed for the veteran's claims, including VA examinations to address his fibromyalgia and stomach disorder.

The veteran's service-connected low back strain was granted a 40 percent evaluation, the maximum available under VA regulations. The cervical spine disability claim was also granted.

The VA determined that the veteran's back disability does not meet or exceed the criteria for a rating in excess of 20 percent, based on his current symptoms and examination findings.

The veteran's claim for an increased evaluation for his degenerative disc disease of the lumbar spine is being remanded due to inadequate examination and incomplete information.

The Board has denied service connection for lumbar spine disorder, cervical spine disorder, and knee disorder as the claimed conditions are not shown to be related to military service.

The Board has determined that the veteran does not have a current disability associated with his claimed conditions, and therefore service connection cannot be granted for any of these issues.

The Board denied the veteran's claims for service connection for tuberculosis, PTSD, low back injury, stomach disability, and hypertension. The evidence did not establish a link between these conditions and his active duty service.

The Board has granted the veteran's claim for an extension of a temporary total disability rating beyond September 30, 2002 due to his service-connected low back disability and bilateral associated radiculopathy (low back disability).

The VA granted the veteran's claim for service connection and assigned a disability rating of 20 percent for degenerative disc disease, lumbar spine with right leg involvement. The current manifestations do not warrant a higher rating.

The veteran's lumbar spine disability has been rated at 60 percent since August 5, 1997 and increased to 100 percent effective June 21, 2004. The claim for TDIU was granted as of May 12, 1998.

The Board has determined that the RO's decisions denying service connection for a low back disability in April and May 1982 are final. The evidence received since those denials is not new and material, thus failing to meet the requirements to reopen the claim. The petition to reopen was denied. Additionally, the claim for TDIU lacks legal merit.

The RO increased the evaluation for the veteran's lumbar spine disorder from 20 to 40 percent, effective from March 8, 1999. The case is being remanded due to new evidence and a need for reconsideration by the RO.

The Board denied the veteran's claims for increased disability ratings and service connection, finding that new and material evidence had not been submitted to reopen his claim of entitlement to service connection for degenerative joint disease of the lumbar spine under 38 U.S.C.A. § 1151 (West 2002). The Board also denied his claims for PTSD prior to June 26, 1996 and diabetes mellitus with retinopathy.

The veteran's service-connected low back disability, characterized by degenerative disc disease, was found to not warrant a rating in excess of 20 percent prior to March 8, 2004. From that date forward, the disability warranted a staged rating of 40 percent.

The Board denied service connection for the veteran's claimed disabilities, including residuals of a broken right toe, degenerative disc disease at L5-S1 with minimal vacuum phenomenon, posterior bulge disc, narrowing of the intervertebral foramen bilaterally and mild compression effect upon the thecal sac, and residuals of a right shoulder injury.

The Board has denied the veteran's claim for service connection for a low back disability, finding that there is no evidence linking his current condition to his military service.

The veteran's appeal has been withdrawn, and the case is dismissed.