Back / lumbar spine decisions — 2008

The veteran's appeal is being remanded for further development, including obtaining a VA examination to evaluate the impact of his service-connected lumbar spine disability on his employability and any Social Security Disability records.

The Board has determined that the veteran is entitled to NSC pension effective October 4, 2004, based on his total disability due to multiple service-connected disabilities. The effective date was granted as it is the earliest possible date when the record showed the criteria for NSC pension were met.

The Board denied the veteran's claims to reopen his service connection claim for a back disability and to increase his initial rating for PTSD. The evidence received since the previous denial was not considered new and material, and there is no medical evidence linking the veteran's current back disability to his active duty.

The Board denied the veteran's requests to reopen his claims for service connection for dysthymia and low back disorder, finding that the new evidence did not relate to an unestablished fact necessary to substantiate the claims.

The Board has remanded the case for further development, including a VA examination and consideration of whether to refer the claim to the Director, Compensation and Pension Service for extra-schedular consideration.

The Board granted a rating of 60 percent for the veteran's service-connected lumbosacral strain with secondary degenerative disc disease, effective from September 25, 2003.

The Board denied the veteran's claim for service connection for a back disorder, finding that there is no medical evidence linking his current condition to his military service or any service-connected disability.

The veteran's appeal is being remanded due to outstanding records and issues that need further development.

The veteran's service-connected low back disorder, characterized by pain and severe limitation of motion, is rated at the maximum allowable under the General Rating Formula for Diseases and Injuries of the Spine. The initial rating for cervical spondylosis was also granted.

The veteran's claims for increased ratings were denied as the evidence did not show one or two incapacitating episodes per year of sinusitis requiring prolonged antibiotic treatment, or three to six non-incapacitating episodes per year of sinusitis characterized by headaches, pain and purulent discharge or crusting.

The Board denied the veteran's claims for service connection for lumbar syndrome with X-ray evidence of scoliosis and arthritis, early degenerative changes of both wrists, and glaucoma and cataracts. The appeals were based on direct service connection.

The Board has decided to remand the case for further development of the medical evidence, including a VA examination and compliance with VCAA notice requirements.

The Board has remanded the veteran's claims for additional development due to outstanding medical records and hearing requests.

The Board has granted a 20 percent disability rating for the veteran's muscle strain with degenerative disc disease of the lumbar spine since the inception of the appeal, effective from October 21, 2003. The claim is denied for a higher rating.

The veteran's service-connected disabilities do not meet the criteria for specially adapted housing or special home adaptation grant due to his inability to walk without assistance and the lack of structural adaptations needed in his home.

The veteran's appeal is being remanded for further medical examination and development of his claims, including service connection for bilateral lower extremity radiculopathy.

The Board has remanded the case for additional development, including obtaining updated medical records and arranging for VA examinations to assess the veteran's low back strain and peripheral neuropathy of bilateral lower extremities.

The Board found no evidence of a low back injury during active service and concluded that the current low back strain is not related to military service.

The veteran's low back disorder and right leg disorder are found to be service-connected, with the right leg disorder being related to his in-service symptoms.

The Board has determined that service connection is not warranted for the veteran's hypertension or low back disability.