Back / lumbar spine decisions — 2007

The veteran's appeal was dismissed due to his death, and the Board has no jurisdiction to adjudicate the merits of his claims.

The veteran's claims for increased ratings for his service-connected low back disability with compression fracture and thoracic spine disability with degenerative joint disease were denied as the evidence did not support a higher rating under the applicable VA rating criteria.

The Board has ordered additional development of the veteran's claims for service connection due to incomplete medical records and a need for further examination or opinion.

The Board has decided to remand the veteran's claims for service connection due to inadequate VCAA notice, and will provide further development as requested.

The Board has determined that the veteran's substantive appeal for service connection for hypertension was untimely filed, and thus the claim is dismissed.

The Board has determined that the case needs to be remanded for additional development, including a VA examination and opinion regarding service connection for a low back disability.

The veteran is seeking service connection for degenerative joint disease of the left hip and lumbar spine as secondary to his service-connected residuals of a shell fragment wound of the left thigh, Muscle Group XIII. He also seeks an increased rating for his service-connected condition and a compensable rating for a scar.

The veteran's service-connected right knee disability is causing or aggravating his left hip, left shoulder, and cervical spine disabilities. The case is being remanded to obtain additional medical opinions regarding the nature of these secondary conditions.

The Board denied the veteran's claims for increased ratings for spondylolisthesis, L4-5, Grade I, with bilateral pars defect, L4 and radiculopathy of the left leg. The RO had previously granted a temporary total rating based on convalescence.

The veteran's claim for an increased rating for his low back disability is being granted, but the effective date remains October 27, 2001.

The VA has determined that the veteran's service-connected disabilities do not meet the criteria for a total disability rating based on individual unemployability due to his inability to secure or follow substantially gainful employment.

The Board has reopened the veteran's claim for service connection for a low back disability due to new evidence provided by a private physician. The Board found that the current low back disability is related to an injury sustained during military service, but also noted that over 60 years had passed since the incident and there were not enough skeletal changes to link it directly to the service.

The veteran's claims for increased ratings are being remanded due to the need for additional VA examinations.

The VA has denied the veteran's claim for an initial evaluation in excess of 40 percent for his low back disability, as the evidence does not meet the criteria for a higher rating based on incapacitating episodes or ankylosis.

The Board has determined that a new VA examination is necessary to determine the nature and etiology of the veteran's back disorder, which may be related to his active service. The case will be remanded for this purpose.

The veteran is seeking service connection for multiple back and hip disabilities, including scoliosis, osteoarthritis, degenerative disc disease of the lumbar spine with incontinence, DJD of the left hip with hip replacement and postoperative dislocations, and DJD of the right hip. The Board has ordered a remand to obtain a VA examination for an opinion on the etiology of these disabilities.

The Board has remanded the veteran's claims due to incomplete evidence and need for further development, including verification of stressors for PTSD and a new VA examination for his low back disability.

The Board has remanded the case for further development and consideration of the veteran's claims, including obtaining additional medical records and scheduling appropriate VA examinations.

The Board has determined that the veteran's low back disorder, right ankle disorder, and right knee disorder are all service-connected as they were incurred or aggravated during his military service.

The Board denied the veteran's claims for increased ratings for his service-connected cervical spine disability, degenerative disc disease of the lumbar spine, and inner ear dysfunction. The only condition found was benign prostate hypertrophy, which was not rated as compensable.