Back / lumbar spine decisions — 2008

The Board has remanded the case for further development, including obtaining information about SSA disability benefits and providing an addendum opinion regarding the relationship between the veteran's psychiatric disorder and his service-connected disabilities.

The Board has reopened the claim for service connection due to new and material evidence, and finds that a current thoracolumbar spine disorder is related to the veteran's in-service injury. Service connection is granted.

The veteran's claims for secondary service connection and increased ratings are being remanded due to insufficient evidence.

The Board has decided to remand the case for further development, including a VA examination and proper notice under 38 U.S.C.A. § 5103(a).

The Board has decided to remand the case for further examination and opinion regarding whether the veteran's current back disorders are related to his military service.

The Board dismissed the appeal due to the death of the appellant, and thus no jurisdiction remains to adjudicate the merits of the claim.

The veteran's appeal is being remanded for further development of his claims, including obtaining medical records and conducting examinations to determine the nature and etiology of his claimed conditions.

The VA denied a rating in excess of 20 percent for the veteran's degenerative disc disease of the cervical spine.

The Board finds that the veteran has a current diagnosis of generalized anxiety disorder related to his active duty service and grants service connection for this condition.

The Board has remanded the veteran's claims for service connection for depression and a rating in excess of 40 percent for chronic lumbar syndrome with degenerative disc disease due to new evidence and further examination.

The Board has determined that new and material evidence has been received to reopen the veteran's claim for service connection for a chronic lumbar sprain, status post laminectomy (claimed as back pains). However, the Board finds that the veteran did not incur his current back disorder during active military service. Therefore, the claim is denied.

The Board has determined that the veteran does not have a low back, left knee, right knee, or right shoulder disability. The claims for service connection based on secondary to service-connected disabilities are denied as there is no competent evidence linking these disabilities to his service-connected conditions.

The Board has determined that the veteran does not have a current diagnosis of hypertension, cervical spine disability, or lumbar spine disability. Therefore, service connection for these conditions is denied.

The veteran is seeking an earlier effective date for service connection of degenerative disc disease of the lumbosacral spine at L3-4 and L4-5, based on a claim of clear and unmistakable error in a previous rating decision. The case must be remanded to allow the RO to consider this issue.

The Board has reopened the claim of service connection for a low back disorder and finds that it is related to service, granting service connection on a direct basis.

The veteran's disability rating for degenerative joint disease of the lumbosacral spine with sacroiliitis is granted at a 40 percent level, effective from the date of this decision.

The veteran's right hip condition is rated at 10 percent, and his adjustment disorder with depressed mood associated with degenerative disease of the lumbar spine is rated at 70 percent. Both conditions are granted.

The case is being remanded for a Travel Board hearing on the claim of service connection for a back disorder, and a Decision Review Officer hearing on the claims for increased initial ratings for bilateral hearing loss and tinnitus. The veteran should be provided with full VCAA notice.

The veteran's appeal is being remanded to the RO for additional development, including scheduling VA examinations and obtaining medical records. The claim will be reconsidered with application of all appropriate laws and regulations.

The Board found that the veteran's degenerative disc disease is not related to active service or to his service-connected lumbosacral strain, and thus denied both claims.