Back / lumbar spine decisions — 2004

The Board has determined that new and material evidence has been submitted to reopen the claim of service connection for a back disorder, which was previously denied in 1989. The veteran's current condition is being considered based on his reported injury during National Guard training.

The veteran's claims for higher ratings for his low back disorder and tinnitus are still at issue. The Board found that the criteria were not met for an evaluation in excess of 10 percent for degenerative disease of the lumbosacral spine prior to November 21, 2000, and a rating higher than 20 percent as of this date and thereafter. For tinnitus, the veteran is not entitled to separate 10 percent disability ratings as a matter of law. There was no CUE in the December 1994 rating by not granting service connection for tinnitus.

The Board has granted service connection for residuals of a pilonidal sinus and a back disorder, but denied the claim for a respiratory disorder due to asbestos exposure. The decision is based on new evidence that reopened the veteran's claims.

The veteran's appeal is being remanded for additional development, including a comprehensive VA examination to assess the extent of his service-connected disabilities and associated symptoms.

The Board has found that new and material evidence has not been submitted to reopen claims for service connection for a back disability and a skin disability. The case is remanded to the RO to obtain VA examinations regarding the etiology of these conditions, including any relationship between them and the veteran's military service.

The Board denied service connection for degenerative joint disease of the cervical and lumbar spine, finding no competent medical evidence linking these conditions to service or the initial post-service year.

The Board found that the veteran's current back disability is not related to his military service and denied his claim for service connection.

The Board found that the veteran's service-connected disabilities did not cause or contribute to his death. The appellant was denied entitlement to DIC under the provisions of 38 U.S.C.A. § 1318 and an initial rating in excess of 40 percent for residuals of lumbosacral strain with degenerative disc disease and degenerative arthritis.

The Board denied the veteran's claim for a higher disability rating for his degenerative disc disease of the lumbar spine, finding that the evidence did not meet the criteria for a rating in excess of 20 percent.

The Board has determined that the veteran's service-connected disabilities alone preclude him from securing or following substantially gainful employment, and thus grants a TDIU with a combined rating of 70 percent.

The veteran's low back condition and initial compensable rating for hemorrhoids were granted. The veteran's psychiatric claim (PTSD) was denied, but he received a higher disability rating for his hemorrhoids.

The veteran's claim for a higher evaluation for his service-connected low back disability was denied as the evidence did not meet the criteria for a rating higher than 40 percent.

The veteran's service-connected left thumb and index finger disabilities are rated at 40 percent combined. The right little finger disability is rated as noncompensable.

The Board denied the veteran's claim for an earlier effective date of June 21, 1993 or any date earlier than has been assigned for the grants of service-connected disability benefits. The veteran was granted service connection and increased ratings for various conditions but there is no evidence that a claim was submitted prior to April 30, 1996.

The Board has determined that new and material evidence has been received to reopen the veteran's claim of entitlement to service connection for a lumbar spine disorder, which is now granted. The examiner found that the current lumbar spine disorder is more likely than not related to his service-connected cervical spine disability.

The veteran seeks service connection for chronic lumbar muscular strain, mild degenerative spondylosis, chronic adductor tendonitis, and early degenerative joint disease of the hips. The case is being remanded to obtain additional medical records and to provide a VA examination.

The Board found that the veteran's seizure disorder was not incurred in or aggravated by service and denied his claim. The low back disability claim had no new and material evidence to reopen it, leading to a denial as well.

The Board has remanded the case for additional development, including obtaining VA treatment records and scheduling the veteran for an appropriate VA examination to assess his service-connected disabilities and their impact on his employment.

The Board denied service connection for a skin rash of the elbows, a back disability, bilateral hip and knee disabilities, residuals of dislocation of the right middle finger, and a tail bone disability. Service connection was granted for tinnitus with an initial rating of 0 percent.

The Board denied the veteran's claim for an earlier effective date of April 18, 2002 for a 60 percent evaluation for his service-connected degenerative disease of the lumbar spine. The earliest date on which it was factually ascertainable that the disability had increased in severity was June 27, 2002.