Back / lumbar spine decisions — 2009

The Veteran's lumbosacral spine disorder was granted an increased rating to 20 percent effective May 30, 2007. His right lower extremity radiculopathy also received a grant of benefits.

The Board denied the Veteran's request to reopen his claim for service connection for a back disorder, finding that no new and material evidence had been submitted.

The Veteran's claim for a higher rating for his cervical spine disorder is being remanded due to the need for additional evidence and an examination.

The Veteran's claim for an increased evaluation of his service-connected low back disability is being remanded due to the need for a more recent VA examination and consideration of whether he is unemployable.

The Veteran's appeal is being remanded for a Board hearing at the RO.

The Board found that new and material evidence had been submitted to reopen the claim for service connection of a low back disorder. The Veteran's chronic low back disability is considered to have originated during her military service.

The Board has granted a 40 percent initial schedular rating for lumbar spine limitation of motion due to degenerative disc disease and degenerative arthritis, effective from the date of the decision.

The Veteran's appeal has been dismissed as he withdrew his appeal of the remaining claims prior to a decision being made.

The Board has remanded the case due to issues with service connection for degenerative joint and disc disease of the lumbar spine, which is intertwined with the claim for increase in thoracolumbar scoliosis. The AMC must also obtain VA treatment records from Troy and Stratton VA Medical Center.

The Board denied the Veteran's claims for service connection for bronchial asthma, a rating in excess of 20 percent for degenerative disc disease at L4-L5, L5-S1, and a rating in excess of 10 percent for right knee strain.

The Board denied the Veteran's claims for service connection for a seizure disorder, bilateral hearing loss, and mechanical low back strain. The evidence did not support these claims.

The Board found that the Veteran's current lumbar spine disability did not have its onset during service and he failed to report for a VA examination scheduled to determine if there was a relationship between his in-service back injury and his post-service disc disease. As such, the claim of service connection for a lumbar spine disability is denied.

The Board denied the Veteran's claim for service connection for a back disability as secondary to his service-connected right femur fracture. The decision is final, and no new and material evidence has been received since the last denial.

The Veteran's claim for a higher initial evaluation for residuals of low back injury with herniated nucleus pulposis L5-S1 was denied, as the evidence did not show more than mild limitation of motion or intervertebral disc syndrome. The claim for service connection for PTSD was also denied.

The Board has determined that the Veteran does not have current hearing loss or tinnitus related to service, and his left shoulder and back disabilities are not shown to be due to military service.

The Veteran's claim for special monthly compensation based on need for regular aid and attendance or being housebound is remanded due to the need for additional development, including medical examinations.

The Veteran's claims for service connection are being remanded due to the need for additional medical records and examinations.

The Board found no current diagnosis of a back disorder and denied the claim for service connection.

The Board finds that the Veteran's low back disability, manifested by lumbar spine spondylolisthesis with associated spondylolysis and degenerative arthritis, was as likely as not incurred in or aggravated by active service. Service connection is therefore granted.

The Board has remanded the case for a Travel Board hearing due to the Veteran's request.