Back / lumbar spine decisions — 2004

The Board denied the veteran's claims for service connection for back disorder, shoulder disorder (unspecified), neck disorder, and left ear hearing loss. The Board also found that no new and material evidence had been submitted to reopen claims of service connection for headaches and hypertension. Additionally, the Board denied a claim for an initial evaluation in excess of 30 percent for PTSD and a claim for an initial evaluation in excess of 10 percent for bilateral tinnitus.

The Board has determined that new and material evidence has not been received to reopen the veteran's claim for service connection for a low back disability (claimed as degenerative disc disease of the lumbar spine). The decision is mixed, with some issues in favor of reopening and others against.

The veteran's claim for PTSD was denied an effective date prior to October 4, 1996.,The veteran's claim for lumbosacral strain and disc disease was denied an effective date prior to June 8, 1995.,The veteran's claims for hearing loss of the right ear and tinea cruris were both denied an effective date prior to January 1, 1994.

The Board denied the veteran's claims for increased evaluations for his post-traumatic stress disorder, lumbosacral strain with degenerative changes, and cervical strain with degenerative changes. The RO granted a 40 percent evaluation for residuals of lumbosacral strain with degenerative changes effective August 7, 2001, and a 30 percent evaluation for residuals of cervical strain with degenerative changes as of that date.

The veteran's service-connected lumbosacral disorder rendered him unable to secure and follow a substantially gainful occupation, meeting the criteria for TDIU due to service-connected disability for purposes of accrued benefits.

The veteran's low back strain and hemorrhoids are rated at the maximum allowable. The sinusitis is rated as non-compensable prior to July 13, 2001, but compensable beginning on that date. The irritable colon syndrome remains non-compensable.

The VA Regional Office denied service connection for a back disorder, and the case is being remanded to allow the veteran to have a videoconference hearing.

The Board has granted service connection for a low back disability, finding that it was caused by the veteran's service-connected left knee and right foot disabilities. Service connection for a lung disability is denied as there is no current evidence of such condition.

The Board of Veterans' Appeals has remanded the case for additional development, including obtaining private medical records and conducting a VA examination to evaluate the veteran's service-connected low back disability under both old and new rating criteria.

The veteran's claim for a higher rating for his service-connected degenerative disc disease at L3-4 and L4-5, status post fusion was denied. The RO granted the maximum schedular rating of 60 percent effective from April 18, 2002.

The Board denied the veteran's claims for service connection for a low back disability and peripheral neuropathy, as well as his request for increased evaluations for stress fractures. The decision also noted that new evidence did not meet the criteria to reopen the claim for peripheral neuropathy.

The veteran's claim for an increased rating for his service-connected chronic lumbosacral strain with degenerative changes and degenerative disc disease was granted, with a current evaluation of 40 percent effective since September 23, 2002.

The veteran's claims for increased ratings for cervical spine degenerative joint disease and myofascial pain syndrome of the lumbar spine with disc protrusion at L4-5 were denied as his conditions did not meet the criteria for higher ratings under the applicable rating criteria.

The Board has determined that the veteran's low back disability warrants a 40 percent evaluation since April 5, 2000.

The Board has determined that the veteran's glaucoma is service-connected, but his low back pain is not. The decision grants service connection for glaucoma and denies service connection for a low back disability.

The Board denied the veteran's claims for service connection for hypertensive cardiovascular disease and spondylolisthesis and arthritis of the lumbosacral spine, finding that there was no evidence of a nexus between these conditions and his military service.

The Board has determined that the veteran does not have a current right knee, left knee, or heart disease disability and that his hypertension was not present during service or related to service. As such, these claims are denied.

The Board has denied the veteran's claims for service connection for a back disorder, residuals of a right hand injury, and an increased evaluation for residuals of a left elbow fracture. The RO previously granted service connection for residuals of a left elbow fracture but assigned a noncompensable rating which was subsequently increased to 10 percent effective the date of his claim.

The Board has denied service connection for an eye disability, a lumbar spine disability, and a bilateral knee disability due to lack of evidence establishing these conditions were incurred or aggravated by service.

The Board has granted service connection for bilateral tinnitus. The remaining issues of service connection for rheumatoid arthritis, chronic low back disorder, bilateral amblyopia, and chronic head injury residuals are remanded to the RO.