Back / lumbar spine decisions — 2008

The veteran's appeal is remanded due to the need for additional development, including a new examination and notification regarding increased rating claims.

The Board has determined that service connection is not warranted for a low back disability. The veteran's current low back disability does not appear to be related to her military service.

The veteran's appeal has been withdrawn, and the case is dismissed.

The veteran's appeal for a higher rating and an earlier effective date for service connection of low back strain was denied. The Board found that the evidence did not support a finding of additional limitation of motion or other symptoms warranting a higher rating, nor did it show any prior informal claim or intent to file one.

The veteran's claim for an increased rating for lumbosacral strain with scoliosis prior to July 8, 2003 is granted. The claim for an increased rating for sinusitis remains pending.

The veteran's chronic lumbosacral strain with degenerative disc disease and herniated nucleus pulposus L4-5 is currently rated at 40 percent, effective August 30, 2002.,His right inguinal hernia repair with residuals is currently rated at 10 percent, also effective August 30, 2002.,The veteran's status-post meniscectomy of the left knee with residuals is currently rated at 10 percent, also effective August 30, 2002.

The VA determined that the veteran's service-connected degenerative disc disease of the cervical spine did not warrant an increased rating prior to November 25, 2002.

The veteran's bilateral hearing loss, back injury, neck injury, hypertension, and pulmonary disorder were all found to be related to service. The effective date is not specified.

The Board found that the veteran's current low back disability was not incurred in or aggravated by his active service and is not proximately due to or the result of his service-connected vasovagal syncope.

The Board has determined that the veteran's service-connected left knee disability caused or aggravated his back, right knee, and right thigh/hip disabilities. Service connection is granted for these conditions.

The Board has determined that new and material evidence has been presented to reopen the veteran's claim for service connection for a low back condition, which is now granted due to aggravation of his service-connected left leg disability.

The Board has determined that the veteran's lumbosacral strain with degenerative disc disease is related to his military service and grants service connection. The veteran's bilateral hearing loss does not meet the criteria for a compensable evaluation, as his puretone thresholds are within normal limits or below the threshold for compensation under VA rating criteria. The scars from shrapnel wounds do not warrant a higher evaluation.

The Board has granted service connection for chronic lumbar muscle strain, finding that the veteran initially manifested this condition during active service. The other issues of service connection are not addressed as they have been remanded.

The Board has remanded the case for further development, including obtaining VA treatment records and scheduling a VA spine examination to determine if the veteran's current low back disorder is related to service or proximately due to his service-connected gunshot wound.

The Board has remanded the case for further development, including obtaining medical records and arranging for a VA examination to determine the etiology of the veteran's knee arthritis and the current severity of his lumbar spine disorder.

The Board has denied the veteran's claims for service connection for low back and left shoulder disabilities, finding that there is no competent evidence linking these conditions to his active duty service.

The veteran is seeking an earlier effective date for his TDIU benefit, which was granted in April 2004. The Board finds that additional development is needed to determine the earliest date at which he became unemployable due to service-connected disabilities.

The Board has granted service connection for traumatic arthritis of the right knee. The veteran's back disability is being remanded due to insufficient evidence.

The Board has granted an effective date of January 18, 2005 for the award of a 40 percent rating for lumbosacral strain.

The Board has decided that additional development is needed to determine if the veteran's current back disorder is related to his service, including a 1959 injury while in the Army. The case is being remanded for further examination and opinion.