Back / lumbar spine decisions — 2008

The Board has remanded the case due to the need for additional examinations and development of evidence related to service connection claims.

The Board has determined that the veteran's heart disease is aggravated by his service-connected diabetes mellitus, and tinnitus is due to noise exposure in service. The appeal for these conditions is granted.

The veteran's PTSD is rated at 30 percent, effective April 30, 2004. His bilateral hearing loss does not meet the criteria for a compensable evaluation. Service connection was granted for PTSD and bilateral hearing loss.

The Board found that the veteran's current degenerative changes of the lumbar spine were not incurred during his military service and denied his claim for service connection.

The Board has determined that the veteran's claimed conditions are not related to his period of active service and thus denied all claims for service connection.

The Board is remanding the veteran's claims to reopen his service connection for right shoulder contusion and back disorder due to insufficient evidence in the previous denial on the merits. The veteran must provide new and material evidence to substantiate these claims.

The Board has dismissed the appeals for service connection on all issues due to a lack of a timely Substantive Appeal.

The Board has granted service connection for PTSD, but denied service connection for left leg, left ankle, and back disabilities. The veteran's PTSD is linked to his military service.

The VA determined that the veteran's lumbosacral strain does not meet the criteria for a higher rating than 10 percent, as his range of motion did not reach the required levels.

The Board has determined that the veteran's disability, disc protrusion at L5-S1 with degenerative disc disease, does not warrant a higher initial rating than 20 percent during the period in question.

The Board has determined that the veteran's lumbosacral strain, myositis with clinical right sided L5, S1 radiculopathy warrants a 40 percent disability rating. A separate 10 percent evaluation is granted for mild incomplete paralysis of the sciatic nerve.

The Board found that the veteran's current low back disorder was not incurred in or aggravated by active military service, nor is it proximately due to his service-connected bilateral ankle sprains.

The veteran's combined rating of 60 percent due to service-connected disabilities did not render him unemployable for the period prior to September 21, 2004.

The Board denied the veteran's claims for service connection for bilateral pes planus, lumbar spine disability, and bilateral knee disorder. The veteran's preexisting conditions were not aggravated by his military service.

The veteran's appeal has been withdrawn by the appellant before a decision was made.

The Board has remanded the case for additional development, including a VA examination and retrieval of VA outpatient records.

The Board has determined that the veteran did not submit new and material evidence to reopen her claims for service connection for bilateral leg, hip, and back disorders. As a result, these claims remain denied.

The Board finds that the veteran's claimed low back disability, hypertension, and residuals of coronary artery bypass are not service-connected as they do not have a direct link to his military service.

The Board found no evidence linking the appellant's current back disabilities to his service, including a 1966 injury while lifting a rotor blade. The examiner opined that it is less likely than not that the appellant's current spine difficulties are attributable to the injury in service.

The veteran's spine disability was initially rated at 20 percent and later increased to 50 percent effective from August 3, 2007.