Back / lumbar spine decisions — 2008

The Board denied the veteran's claim for a higher rating, maintaining that his lumbar strain disability is currently rated at 40 percent and does not meet the criteria for an increased rating.

The Board has denied the veteran's request to reopen his previously denied claim of service connection for degenerative disc disease (DDD) of the thoracic spine, finding that no new and material evidence was submitted.

The veteran's low back disability is currently rated at 10 percent, and the Board finds no evidence to warrant a higher rating based on current symptomatology.

The Board has determined that the veteran's cervical spine disability was aggravated by service, and granted service connection for it. The initial increased ratings for lumbar spondylosis involving right radiculopathy at S1 have been granted.

The Board found that the veteran's lumbar disc and joint disease was not related to his service or to a service-connected condition, and denied both claims for service connection and a compensable rating.

The Board denied the veteran's claims for service connection for osteoarthritis of multiple joints, finding that there was no evidence to support a secondary relationship between his service-connected low back disorder and these conditions. The effective date claim was also denied as the veteran did not provide new and material evidence.

The Board has determined that the veteran's low back disability warrants a rating of 40 percent, effective September 23, 2002. The claim for an earlier effective date is denied.

The VA has determined that the veteran's low back condition does not warrant a rating in excess of 40 percent.

The Board has remanded the veteran's claims due to incomplete medical records and inadequate examination, requiring further development of his service connection for multiple cardiovascular disabilities and headaches.

The VA denied ratings in excess of 20 percent for the veteran's lumbar spine disability and denied ratings in excess of 10 percent for his left and right knee disabilities. The lumbar spine disability is currently rated at 20 percent, while the left and right knee disabilities are both rated at 10 percent.

The Board granted service connection for low back disability and assigned a 60 percent initial rating, effective February 5, 2001. The veteran's claim was reopened on new evidence received after the original denial in April 1999.

The Board has determined that new and material evidence has been submitted to reopen the claims of service connection for low back disorder, left hip osteoarthritis, and bilateral hip osteoarthritis.,With resolution of reasonable doubt in favor of the veteran, his current chronic lumbar strain is proximately due to or the result of his service-connected arterial insufficiency of the legs.

The Board has determined that additional evidence is needed to fully evaluate the veteran's claim for an increased rating for his service-connected lumbar strain, including employment records and a VA examination.

The Board finds that the veteran's cervical spine disorder was not incurred in or aggravated by service and is not related to his service-connected low back disability. The Board also finds that the veteran's degenerative disc disease of the thoracic spine was incurred as a result of active service.

The Board has determined that the veteran's bilateral hearing loss and back disorder were not incurred or aggravated by service, and therefore denied both claims.

The Board found that the veteran's current back disability was not incurred in or aggravated by service and denied his claim for service connection. The increased rating for tinea versicolor remains unchanged.

The veteran's claims for increased ratings for his service-connected right ankle disability, left ankle disability, low back disability, and chronic sinusitis and allergic rhinitis were denied. The evidence did not support the assignment of higher ratings under applicable diagnostic codes.

The Board found no evidence of a low back injury or condition during service and denied the veteran's claim for service connection.

The Board denied the veteran's claims for service connection for a low back disorder, bilateral hearing loss, tinnitus, and an acquired psychiatric disorder (to include PTSD). The Board found no evidence of a current disability related to service.

The Board has dismissed the appeals as to the issues of entitlement to service connection for degenerative arthritis of the lumbar spine and entitlement to higher initial ratings for hearing loss and for tinnitus due to withdrawal by the appellant.