Back / lumbar spine decisions — 2005

The veteran's appeal is being remanded to clarify his position on the issue of an initial rating for his right ankle disability and to attempt to obtain additional service medical records regarding a claimed back disorder.

The veteran's service-connected low back disability is not productive of unfavorable ankylosis, incapacitating episodes requiring bed rest for six weeks or more per year, or mild incomplete sciatic nerve paralysis. Therefore, the criteria for a higher rating are not met.

The veteran's appeal is being remanded to the RO for additional examinations and development of her claims file. The issues include evaluations for systemic lupus erythematosus, right foot tarsal tunnel syndrome, low back strain, and right knee disability.

The Board denied the appellant's claims for an increased rating for his service-connected lumbar spine disability and denied service connection for COPD. The RO continued a 10 percent disability rating for the lumbar spine disability.

The Board found that the veteran's lumbar spine disability does not meet or approximate the criteria for an evaluation in excess of 20 percent.

The Board has determined that a new VA medical examination is needed to determine the relationship between the veteran's low back disorder and his service, as well as whether any submitted evidence supports reopening of his claim.

The Board has remanded the case for additional development, including obtaining medical opinions regarding the relationship between service-connected lumbar strain with myositis and degenerative joint and disc disease of the lumbosacral spine.

The Board has remanded the case back to the RO for completion of a requested hearing and further development.

The Board denied the veteran's claims for service connection and increased evaluations for various disabilities, finding no current left ankle disability or other residuals related to service.

The Board found that the veteran's current lumbar spine disability was not incurred in or aggravated by his active service, and denied his claim for service connection.

The Board has remanded the case for additional development due to incomplete examination reports and unaddressed questions.

The veteran's low back strain was granted a disability evaluation of 20 percent effective August 26, 2004.

The Board has reopened the veteran's claim for service connection for cervical spine disability and granted a 40% evaluation for his low back disability. The new evidence includes VA and private medical records, as well as testimony from the veteran.

The Board has determined that the veteran does not have a back disability attributable to his military service and therefore denied service connection for this condition. The TDIU claim based on anxiety disorder and prostatitis is also denied.

The Board found no evidence of a chronic low back condition during active duty for training and denied the veteran's claim for service connection.

The Board denied service connection for bilateral knee disability and cervical spine disability, but granted a 40% rating for low back disability effective from March 1992. The veteran's claim for increased ratings of his postoperative deviated nasal septum with chronic congestion and TDIU remains pending.

The Board has remanded the case for additional development, including obtaining medical opinions and evaluations regarding the veteran's bilateral knee disability, lumbar spine disability, and bilateral pes planus.

The VA denied the veteran's request for a higher evaluation for lumbosacral strain, maintaining that his condition warranted only a 20 percent rating since May 8, 2001.

The Board denied an increased rating for the veteran's service-connected lumbosacral strain, but granted a 70 percent rating for his service-connected schizophrenia.

The veteran's claim for increased ratings was denied. The RO assigned a 20 percent rating based on service-connected spondylolisthesis at L5-S1 with secondary myositis of the cervical, dorsal and lumbar paravertebral muscles prior to March 11, 2005.