Back / lumbar spine decisions — 2008

The veteran's appeals for increased initial ratings for residual scars, status post appendectomy, and bilateral macula retinal drusen have been withdrawn. The case is now ready for appellate review.

The Board found no evidence linking the veteran's current chronic low back disorder to his active service and denied the claim.

The Board denied the veteran's claims for increased ratings for his service-connected bilateral tinnitus and low back disability, finding that the evidence did not support a higher rating under the applicable VA rating criteria.

The Board found that the veteran's low back disability did not begin in service and was not caused by any incident of service, including a reported injury during service.

The Board has determined that the veteran's claimed conditions, including lumbar spine disorder, bilateral knee disability, bilateral hearing loss, tinnitus, vertigo, and chronic sinusitis, were not incurred or aggravated by active service. The Board found no clear and unmistakable evidence of pre-existing conditions during service and concluded that there is insufficient medical evidence to establish a link between the current disabilities and military service.

The Board found that the veteran's current low back and bilateral foot disorders were not incurred in or aggravated by active military service, nor may they be presumed to have been so incurred. The claim for service connection was denied.

The Board has denied the veteran's claim for service connection for a low back disorder, finding that there is no evidence linking his current condition to his military service.

The VA denied the veteran's claim of service connection for a low back disability, finding that it was not incurred in or aggravated by his military service.

The Board denied the veteran's claims for service connection for a low back disability and TDIU on an extraschedular basis, finding that there was no credible evidence of an in-service injury or disease related to his current condition.

The Board has remanded the case for additional development due to inadequate medical opinion in a previous VA examination.

The Board denied the veteran's claim for an evaluation in excess of 20 percent for his lumbosacral strain with minimal spurring and degenerative disc disease, as the criteria for a higher rating were not met.

The Board has ordered a remand to obtain additional medical records and worker's compensation information in order to properly adjudicate the veteran's claim for service connection of his low back disorder.

The Board has granted a higher initial evaluation of 20 percent for the veteran's service-connected bilateral foraminal stenosis due to lumbar spine disc bulge at L4-L5 level, effective from April 9, 2004.

The Board denied the veteran's claim for a higher disability rating for his lumbosacral strain, finding that it did not meet the criteria for a higher rating based on the current evidence of record.

The Board denied the veteran's claim for a TDIU, finding that his service-connected disabilities did not render him unemployable. The evidence showed he had cognitive disorder and PTSD but was still capable of performing light duty work.

The Board denied the veteran's claims for increased ratings for chronic low back syndrome and left ear hearing loss, as well as his claim for a TDIU. The veteran's service-connected disabilities do not preclude him from engaging in substantially gainful employment.

The veteran's service-connected compression fracture of L2 with degenerative joint disease of the lumbar spine is being remanded for another VA examination to determine its current severity and impact on his daily activities. The claim will be readjudicated after this additional development.

The Board has granted service connection for anxiety disorder, including as due to in-service personal assault. The decision on the back disability and sinus condition issues is pending.

The Board has determined that the veteran does not have a current diagnosis of any back, vision loss (specifically low vision), or ankle and leg conditions. The evidence does not support service connection for these conditions.

The VA denied an increase in the veteran's rating for his low back disability, which is currently rated at 10 percent. The VA found that the veteran's condition did not meet criteria warranting a higher rating based on incapacitating episodes or other factors.