Back / lumbar spine decisions — 2008

The veteran's claim for service connection for low back strain is being remanded to the RO for further development.

The appeal is remanded for additional development, including a neurological examination to determine the relationship between the veteran's service-connected low back disorder and any lower extremity symptoms.

The Board granted a higher rating of 20 percent for the veteran's service-connected lumbosacral strain and DDD of the lumbar spine, effective November 16, 2007. The claim was denied for service connection for bilateral hearing loss, migraine headaches, tinnitus, and hypertension.

The Board remands the case for an examination to determine if there is a relationship between the veteran's claimed low back condition and his military service.

The veteran's degenerative disc disease of the lumbar spine, status post laminectomy and fusion was granted as it was found to be due to an injury during service.

The Board granted service connection for bilateral pes cavus and denied higher initial ratings for lumbar spine strain, left hand fifth finger fracture, right ear hearing loss, left wrist condition, left knee condition, left ankle condition, and exercise induced bronchospasm.

The veteran's service-connected left and right wrist carpal tunnel syndrome, healed rotator cuff tear right shoulder with residuals of subacromial bursitis, and arthritis thoracolumbar spine (claimed as degenerative disc disease lumbar spine with left side radiculopathy) do not warrant ratings in excess of 10 percent.

The Board denied an evaluation in excess of 40 percent for lumbar paravertebral myositis, as the evidence did not show additional functional limitation due to pain or during flare-ups sufficient to warrant a higher evaluation.

The Board denied the veteran's claim for service connection for a back condition as there was no medical evidence or opinion suggesting a relationship between the current back condition and his service.

The Board denied the veteran's claims for service connection for a back disorder and hepatitis C, as there was no evidence of an in-service injury or disease, continuous post-service symptoms, or a relationship between the current disabilities and active service.

The veteran's initial rating for his low back disability was denied, but a separate 10 percent rating was granted for associated left lower extremity radiculopathy.

The Board granted service connection for lumbar spondylolisthesis with disc herniation of L2 through S1, finding that the evidence supports a direct link to an in-service back injury.

The veteran's claims for service connection for low back, cervical spine and right hip disorders were denied as the evidence did not show that any of these conditions were incurred in or aggravated by active service; nor was it shown that any arthritis was presumed to have been incurred therein; nor was it shown that any disability was proximately due to or the result of a service-connected disability.

The Board denied the veteran's claims for increased disability ratings and service connection, as there was no evidence of a back disability or hearing loss that was related to his military service.

The appeal is remanded to the RO for further development, including scheduling a video conference hearing.

The case is being remanded for additional development, including providing a more adequate and less confusing VA examination and opinion pertaining to the claims.

The veteran's back disability was granted service connection, and a 100% rating for bilateral hearing loss was assigned.

The appeal is remanded for the purpose of scheduling a Travel Board hearing before a Veterans Law Judge.

The veteran's claims for increased ratings and service connection were denied as the evidence did not support higher disability ratings or establish a link between his current disabilities and military service.

The Board denied service connection for a disability manifested by bilateral leg numbness and a lower back disability as the evidence did not support a finding of current disabilities or a link to active service.