Back / lumbar spine decisions — 2005

The Board found that the reduction of the veteran's 40 percent rating for his service-connected low back disorder to a 20 percent rating effective August 1, 2002 was proper based on evidence showing material improvement in his condition.

The Board found that the veteran's hearing loss and back disorder did not warrant increased evaluations, as his current audiometric findings translated to a 10% rating for bilateral defective hearing and an evaluation of 10% for degenerative disc disease of the lumbar spine. The case was remanded due to procedural issues.

The Board has denied the veteran's claims for service connection for back, neck, right ankle, and left ankle disabilities due to a lack of evidence showing these conditions were incurred during or aggravated by military service.

The Board denied the veteran's claims for service connection and a compensable rating for his right eye condition, finding no new and material evidence to reopen the claim of lumbar disc disease. The scleral thinning issue was also denied.

The veteran's appeal is being remanded for additional development, including obtaining medical records and scheduling a VA examination to assess the severity of his lumbar spine osteoarthritis with a bulging disc. The case will be reconsidered after these steps are completed.

The veteran's claims for increased evaluations of his service-connected right femur fracture, degenerative joint disease in the right knee, and lumbar strain with fibrositis are being remanded due to insufficient evidence. The RO/AMC must obtain updated VA clinical records and Social Security Administration (SSA) disability benefits decision, as well as afford the veteran a VA examination for his service-connected disabilities.

The veteran's claim for an increased rating for his service-connected low back disability is being remanded due to the need for a new VA examination and consideration of both old and amended rating criteria.

The veteran's claims for increased ratings for his left knee, left shoulder and low back disabilities have been granted. The left knee disability is currently rated at 10 percent, the left shoulder disability at 20 percent, and the low back disability prior to June 24, 2004 was also rated at 10 percent.

The Board denied the veteran's claim for service connection for a low back disability, finding that his current condition is not shown to be causally related to disease or injury incurred while on active duty.

The Board has determined that the veteran's current bilateral hearing loss, low back disorder, right knee disorder, and right hip disorder are related to his service due to exposure to noise and repetitive stress while serving aboard a submarine. Service connection is granted for all four conditions.

The Board denied the veteran's claims for increased ratings for his lumbar muscle strain, finding that the evidence did not meet the criteria for a higher rating under any applicable diagnostic codes.

The veteran's low back disability is currently rated at 40 percent, effective from May 14, 1999. The Board has now determined that a higher rating is not warranted for the period from September 26, 2003 onwards.

The Board granted service connection for lumbar strain and assigned a 20 percent rating effective from the date of service connection. The other issues were not addressed as they are unadjudicated.

The Board has determined that the veteran's service-connected disabilities do not render him unemployable, as his combined disability rating is 50%, which does not meet the criteria for a TDIU based on schedular ratings. The evidence shows he can engage in some form of employment despite his disabilities.

The Board has determined that the veteran's current low back disability is not related to his service, and thus denied his claim for service connection.

The Board found no evidence of a service-connected back or lung disability, and denied the veteran's claims.

The veteran's PTSD was granted a rating of 30 percent effective December 11, 2001. The thoracic spine disability remains at a 20 percent rating.

The Board found that the veteran's current cervical spine disability did not begin during service or within one year of discharge from service, and thus denied his claim for service connection.

The veteran's claim for an increased rating for his service-connected skin disorder is being remanded due to the need for additional development, including obtaining medical records and scheduling a VA examination.

The Board has granted an effective date of October 15, 1998 for the award of a 60 percent schedular rating for the service-connected low back disability. The veteran's claim for an earlier effective date was denied as it is not factually ascertainable that the severity of his condition increased prior to this date.