Back / lumbar spine decisions — 2008

The VA increased the veteran's disability evaluation for his low back strain with degenerative joint disease from 20% to 40%, effective October 10, 1997. The claim of service connection for bilateral hip disability was denied.

The Board has remanded the case for further development and consideration of the veteran's claims for service connection.

The Board has determined that the veteran's current back disability, including disc herniation, is related to his period of service and has granted service connection for this condition.

The veteran's claim for a higher initial rating for lumbar radiculitis is being remanded to the RO for further due process development, including scheduling of a Board videoconference hearing.

The Board has determined that service connection is not warranted for the veteran's bilateral foot disability or low back disability. The claims are denied.

The Board has denied the veteran's claims for increased ratings and effective dates for various service-connected disabilities, including PTSD, post-concussive syndrome, temporal lobe seizures, neuropathy of the left common peroneal nerve, left ankle fracture, right ear hearing loss, balance disorder, low back disorder, and bilateral knee disorders. The appeals are denied.

The Board has determined that the veteran's anxiety disorder is related to his military service and grants service connection for this condition. The low back and kidney conditions are not currently addressed as they may be related to service, but further examination is needed.

The veteran's claims for service connection and non-service connected pension have been remanded due to scheduling issues.

The Board finds that the veteran's service connection claims for tinnitus, right ear hearing loss, and left ear hearing loss are granted. However, the claim for a low back disorder is denied as there was no in-service injury or incident related to this condition.

The Board has determined that the veteran's service-connected low back disability does not warrant an evaluation in excess of 10 percent for the periods specified.

The Board found new and material evidence to reopen the claim, but did not determine if service connection was warranted.

The Board has reopened the veteran's claims for service connection for left inguinal hernia and low back disability, finding that new and material evidence has been submitted. The claims are now before the RO to determine if service connection should be granted.

The Board denied the veteran's claim to reopen his service connection for chronic lumbosacral strain due to lack of new and material evidence.

The Board denied the veteran's claim for a temporary total evaluation due to convalescence for his low back surgeries, finding that the claims were not timely filed within one year of the surgeries.

The veteran's appeal is being remanded for a VA examination to assess his employability due to service-connected disabilities, and for the adjudication of four secondary service connection claims.

The Board found that the evidence received since the final February 1980 rating decision does not relate to unestablished facts necessary to substantiate the claim of entitlement to service connection for a structural defect of the lumbar spine and thus denied reopening of the claim.

The veteran's claims for increased evaluations and service connection were denied. The hearing loss is rated as noncompensable, hypertension as 10 percent disabling, lumbar strain also at 10 percent, and the other conditions are not found to be related to active service.

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

The Board has determined that additional medical evidence is needed to determine whether the veteran's current low back disability is related to his military service. The case is therefore REMANDED for a VA examination and opinion.

The veteran's claims for service connection and initial evaluations for various conditions were denied. The Board found no current disabilities to support the claims.