Back / lumbar spine decisions — 2006

The Board has remanded the case to the RO for further development with respect to both the TDIU claim and the increased rating claim for the service-connected lumbar spine disability. The RO must consider the criteria for rating low back disability set forth in Diagnostic Code 5293 as of September 23, 2002, and give meaningful consideration to the provisions of 38 C.F.R. § 4.16(b) for assignment of a TDIU on an extra-schedular basis.

The Board granted the veteran's claim for service connection for his lumbar spine disorder and assigned an evaluation of 10 percent disabling effective July 30, 2001. The veteran was denied a higher initial rating.

The Board has reopened the veteran's claim for service connection for a back disability and granted entitlement to an initial increased evaluation of 70 percent for PTSD. The claims for bilateral hearing loss and TDIU were not addressed as they are pending.

The Board has denied the veteran's claims for service connection for back and neck disorders, finding that there is no evidence of a nexus between these conditions and his military service.

The Board granted the veteran's claim, assigning a 20 percent disability rating for his chronic low back strain with degenerative disc disease as of the effective date of the new rating criteria.

The veteran's low back disability is currently evaluated at 20 percent, and his left eye injury residuals are rated as noncompensable. The Board found that the current evaluations were appropriate based on the evidence of record.

The Board denied the veteran's claims for service connection for chondromalacia of the left knee, hepatitis, residuals of a head injury (to include headaches), neck disorder, and back disorder. The evidence did not establish a nexus between any current disability and active military service.

The Board found that the service-connected right and/or left knee disabilities did not cause or worsen any lumbar spine disorder, thus denying the claim for secondary service connection.

The Board found that the veteran's back disability was not incurred or aggravated during active duty service and denied his claim for service connection. The left thumb disability was rated as 10 percent disabling prior to January 18, 2005, and as 20 percent disabling from that date onwards. The veteran's groin disability did not meet the criteria for compensation under 38 U.S.C.A. § 1151.

The Board denied an evaluation in excess of the currently assigned 40 percent for the veteran's service-connected lumbar laminectomy and diskectomy, as his symptoms do not meet the criteria for a higher rating under the applicable VA rating criteria.

The Board has received a withdrawal of the appeal from the appellant, and thus the case is dismissed.

The veteran's claims for service connection and TDIU are being remanded due to the need to obtain records from the Social Security Administration.

The veteran's claim for an increased rating for his service-connected right leg Achilles tendon disability is pending.,The veteran has also reopened his claim of service connection for a lumbar spine disability, with new and material evidence having been received.

The Board granted an effective date of March 8, 2001 for special monthly compensation based on the need for regular aid and attendance. The veteran's disabilities include degenerative joint disease of the lumbar spine, loss of use of the left hand, and generalized arthritis.

The Board has remanded the case due to a need for additional development, including obtaining medical records from the veteran's chiropractor and other sources of treatment since service.

The veteran's appeal is being remanded due to the need for additional medical records and information from the examiner.

The veteran's claim for an earlier effective date for a 40 percent rating for lumbosacral injury is being remanded due to the need for compliance with VCAA requirements.

The veteran's appeal has been dismissed due to his withdrawal of the appeal prior to a decision being made.

The veteran's case is being remanded to the AMC for scheduling a travel board hearing in Muskogee, Oklahoma.

The Board has determined that the appellant's chronic fatigue syndrome is service-connected, but his low back pain due to an undiagnosed illness is not.