Back / lumbar spine decisions — 2009

The Board has determined that the Veteran's service-connected degenerative disc disease of the lumbar spine and residuals from cervical spine fusion surgery do not warrant an evaluation in excess of the current 20 percent ratings.

The Veteran's claim for an increased evaluation for his service-connected degenerative intervertebral disc disease of the lumbar spine is being remanded due to the need for a more thorough examination and consideration of whether there are any incapacitating episodes or neurological impairment.

The Board found that the Veteran's current low back disability did not have onset during his active service and is not otherwise related to his military service.

The Veteran's claims for service connection for bilateral hearing loss and tinnitus were denied as there is no competent objective medical evidence indicating current disabilities or a relationship to service. The claim for an initial higher rating for Degenerative Disc Disease (DDD) L5-S1, postoperative disc arthroplasty was not addressed within the scope of this decision.

The Veteran's appeal is being remanded due to the need for a VA examination and consideration of his testimony regarding the impact of his cervical spine disability on his sleep, employment, and driving ability.

The Board denied the Veteran's claim to reopen his service connection for a low back disorder and found that new and material evidence had not been submitted. The claims for increased ratings of right and left knee arthritis, as well as for an earlier effective date for TDIU benefits, were also denied.

The Veteran's service-connected herniated nucleus pulposus and degenerative joint disease of the lumbar spine was evaluated at a 20 percent rating prior to September 2, 2008. Since then, it has been rated at 40 percent.

The Board has denied the Veteran's claims for service connection for right and left knee disabilities, as well as his attempts to reopen previously denied claims for low back disability and liver cirrhosis. The evidence does not support a finding that these conditions were incurred in or aggravated by service.

The Board has reopened the Veteran's claim for service connection for a cervical spine disorder due to new and material evidence. However, additional development is needed before deciding on the merits of this claim as well as her claims for an increased rating for low back strain and TDIU.

The Board has determined that the Veteran's low back condition is caused by his service-connected torn medial meniscus of the right knee, and thus grants the claim for service connection.

The Veteran's claim for an increased rating for his low back disability is being remanded due to the need to obtain treatment records from a non-VA provider.

The Veteran's low back disability has been rated at 40 percent since June 19, 2003. He is also entitled to a compensable rating for his costochondritis.

The Board has determined that the Veteran's low back disability is not related to service or his service-connected PTSD, and therefore denied the claim for service connection.

The Board has ordered additional development to determine the exact date of the Veteran's unemployability due to service-connected disabilities, including a medical examination or opinion if necessary.

The Board has remanded the case for an orthopedic examination to determine whether any current back disorder had its onset during service and if so, whether it is related to a pre-existing scoliosis of the thoracic spine. The examiner should also provide opinions regarding whether the in-service lumbar pathology was due to a new medical condition or aggravation of the pre-existing scoliosis.

The Veteran's right shoulder disorder has been granted a 60 percent evaluation, effective from August 1, 2004. The low back disorder is rated at 40 percent since November 26, 2008. Service connection for PTSD was denied.

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

The Board denied the Veteran's claim for service connection for a low back disorder, finding that his current low back pain did not start until after service and there was no evidence of chronicity during service. The reduction in disability rating for hearing loss is also denied.

The Board has determined that there is no competent evidence linking the Veteran's current right elbow or lumbar spine disabilities to service, and thus denied both claims.

The Board found that the Veteran's low back and nervous disorders are not related to his military service, and thus denied both claims.