Back / lumbar spine decisions — 2005

The Board found that the veteran's low back disc disease and nerve root impingement were not caused or aggravated by his service-connected right tibialis syndrome, thus denying the claim for secondary service connection.

The Board has remanded the case due to failure to comply with VCAA notice and duty-to-assist provisions. The veteran's claims for service connection, compensation benefits under 38 U.S.C.A. § 1151, and non-service connected pension benefits are now before the RO for further development.

The Board has remanded the case to the RO for further development, including a VA examination and readjudication of the claim for service connection for a disability of the lumbosacral spine.

The Board has determined that additional development is needed to address the veteran's service connection and rating claims, including consideration of recent changes in VA regulations.

The Board determined that the veteran's lumbosacral strain does not meet or approximate the criteria for a higher evaluation, and thus denied his claim for an increased rating.

The Board has determined that the veteran's back disorder is service-connected and has granted a rating of 10 percent for this condition.

The Board denied the veteran's claim for service connection of his low back disability, finding that there was no chronic disability related to an in-service injury and that arthritis did not manifest within one year post-service.

The veteran's claims were denied as the current ratings for his service-connected conditions are deemed appropriate and no extraschedular rating was warranted.

The Board has requested a medical opinion and deferred the actual readjudication of your claim until new evidence is considered. The case is now being remanded to the RO for initial consideration of this additional evidence.

The Board granted service connection for low back disability and post-traumatic stress disorder, finding that these conditions were related to service. Other claims remain pending.

The Board has ordered the case to be remanded for additional development, including obtaining medical records and verifying stressor events. The veteran's claims for service connection for a low back disability, respiratory disorder, and PTSD are pending.

The Board has granted a 60 percent disability rating for the veteran's service-connected degenerative joint disease of the lumbar spine, which is the maximum schedular rating available based on limitation of function as measured by range of motion.

The veteran's appeal is being remanded due to the need for additional records from Social Security Administration.

The Board has granted service connection for a low back disorder and depression, finding that the veteran's disabilities render him unemployable. The rating for cluster headaches remains at 50%.

The Board has determined that the veteran's claim for a higher rating for his service-connected chronic low back strain requires additional development, including obtaining medical records and arranging for an examination to evaluate the severity of his condition under the revised criteria effective September 26, 2003.

The veteran's claims for service connection for lumbar spine, cervical spine, and left shoulder disabilities were granted by the RO in March 2003 with effective dates of February 27, 1998, March 30, 2000, and January 12, 2000 respectively.,The veteran's claims for earlier effective dates are denied as they predate the effective dates granted by the RO.

The Board denied the veteran's request to restore a 40 percent disability evaluation for lumbosacral strain and upheld the current rating of 50 percent for major depression.

The veteran's claims for increased ratings for his service-connected right hip gunshot wound residuals and low back disorder are being remanded due to the need for additional examinations and consideration of new rating criteria.

The Board denied service connection for a low back disorder and determined that new and material evidence had not been received to reopen the claim of service connection for a right knee disorder.

The veteran's initial 40 percent rating for arthritis of the lumbosacral spine is upheld, and his claim for a TDIU remains denied.