Back / lumbar spine decisions — 2008

The veteran's service-connected low back disability is rated at 20 percent, and his degenerative joint disease of the thoracic spine from March 1, 2003 through September 25, 2003 is also rated at 10 percent. Both conditions are currently assigned the highest possible ratings under applicable rating criteria.

The Board has remanded the case for further development, including scheduling a videoconference hearing before a Veterans Law Judge.

The veteran's appeal involves multiple issues related to his spine and skin conditions, including seeking service connection for periodontal disease and increased disability ratings for cervical and lumbar spine disorders. The case is being remanded for further development.

The Board denied increased evaluations for service-connected radiculopathy of the right and left lower extremities, as well as denied service connection for bilateral hearing loss. The veteran's conditions were found to be due to her degenerative disc disease of the lumbar spine.

The Board found that the veteran does not have a current disability of the lumbar spine related to service, and thus denied his claim for service connection.

The Board has remanded the case for further development due to incomplete examination report. The veteran's claim of service connection for postoperative lumbar spine fusion and back injury is on appeal.

The Board has determined that the veteran's back disability is related to his active service and grants service connection for this condition.

The veteran's appeal is being remanded for additional development, including a VA examination to address the nature and etiology of her foot disorders and lumbar spine disability. The TDIU claim is also inextricably intertwined with the other claims.

The Board has denied the veteran's claim for service connection for degenerative disc disease of the cervical spine, finding that there is no evidence to support a link between his current disability and events in service.

The Board found that the veteran's low back disability was not incurred in or aggravated by active service and denied his claim.

The Board has denied the veteran's claims for service connection for low back disability, bilateral carpal tunnel syndrome, and PTSD due to lack of evidence supporting the occurrence of in-service stressors and a lack of clinical evidence of these conditions during or following service.

The veteran's appeal is being remanded for additional development, including providing notice regarding the specific criteria necessary to establish a higher disability rating for his cervical spine DDD.

The Board found no evidence linking the veteran's claimed conditions to his service, and thus denied all claims for service connection.

The Board denied the veteran's claims for service connection for a low back disorder and bilateral hearing loss, finding no new and material evidence to reopen the claim for the low back disorder and concluding that there is no evidence of a current disability or a nexus between any in-service noise exposure and the current hearing loss.

The Board denied the veteran's claims for an earlier effective date for service connection and higher ratings for his back disability, as well as his claim for service connection for left ear hearing loss. The case is remanded to obtain additional medical records and schedule the veteran for a VA examination.

The veteran's service-connected disabilities did not render him unable to secure or follow a substantially gainful occupation until October 9, 2002, when his combined rating became 80 percent disabling. The Board denied the request for an effective date prior to this date.

The Board has remanded the case for further development, including obtaining medical records and verifying the veteran's service in the Army National Guard. The claims for higher rating of left knee disability, service connection for low back disability, and HIV will be reconsidered based on the additional evidence.

The Board has determined that the appellant does not have a low back disability incurred in service and therefore denied his claims for service connection.

The veteran's claims for increased evaluation, TDIU, and Dependents' Educational Assistance are being remanded due to the need for additional development including a VA examination.

The Board has granted service connection for a back disorder and awarded a compensable rating of 10% for the veteran's corneal abrasion to the right eye.,Active pathology related to the veteran's initial eye injury continues, warranting a compensable evaluation.