Back / lumbar spine decisions — 2009

The veteran's claim for an initial evaluation in excess of 20 percent for his service-connected low back disability is being remanded due to the need for additional development, including obtaining updated medical records and scheduling a VA examination.

The Board found no evidence of a chronic low back disorder during service and denied the claim for service connection.

The Veteran's appeal has been withdrawn prior to the Board making a decision.

The Board has remanded the case due to failure to provide proper notification and development under 38 U.S.C.A. § 5103(a) and 38 C.F.R. § 3.159(b).

The Board found no evidence to support the Veteran's claims of service connection for his low back disability, lung disability, and squamous cell carcinoma of the face and arms.

The Board has determined that new and material evidence has been received to reopen the claims of service connection for left knee, right knee, and low back disabilities. However, the Veteran's current bilateral knee and low back disabilities are not shown to be related to his active service or any complaints noted therein.

The Board denied the Veteran's claims of service connection for a low back disability and hypertension, finding no evidence to support these claims. The claim for an increased initial rating for PTSD was also denied.

The Veteran's degenerative disc disease of the lumbar spine is currently rated at 30 percent, and the Board finds that this rating adequately reflects his current disability level.

The Board has determined that the Veteran's low back disability is proximately due to or the result of his service-connected left hip disability. For the period beginning on June 16, 2006, the criteria for a rating of 70 percent have been met for his left hip disability.

The Board found that the Veteran's current degenerative disc disease of the lumbosacral spine is not due to an injury or event during her active service, and denied her claim for service connection.

The Veteran's initial claim for a higher evaluation for his degenerative disc disease of the thoracolumbar spine was denied. The Board found that an evaluation in excess of 20 percent is not warranted prior to August 30, 2007 and denied the issue of entitlement to a higher evaluation from that date forward.

The Board found that the Veteran's claim for an earlier effective date was not received prior to January 17, 2007. The Board also determined that it is not factually ascertainable that an increase in disability occurred within the year prior to the date of his claim.

The Board has determined that the Veteran's tinnitus, right dominant forearm disability, and back disability are not related to service. The evidence does not support a finding of in-service injury or disease for these conditions.

The Veteran's claims for increased ratings for her service-connected cervical and thoracolumbar spine disabilities have been denied. The noncompensable rating has been maintained since September 11, 2003 through December 26, 2007, and a 10 percent rating was assigned from December 27, 2007.

The Board found no evidence of a low back disorder during service or within one year after separation, and the Veteran's lay statements were deemed insufficient to establish service connection. The claim for left knee disorder is addressed in the REMAND portion.

The Veteran's appeal is being remanded due to the need for a new hearing before the Travel Board.

The Veteran's lumbosacral disc disease has not been shown to warrant a rating in excess of the current 10 percent assigned.

The Veteran's lumbosacral strain was granted a 40 percent evaluation effective May 23, 1995. His cervical spine injury residuals were also granted an initial 30 percent evaluation.

The Veteran's low back disability, rated at 40 percent, is not shown to warrant a higher evaluation as the evidence does not demonstrate additional functional loss or incapacitating episodes that would justify an increased rating.

The Board denied service connection for degenerative disc disease of the lumbosacral spine, finding that there was no evidence of a back injury or disability in service and no chronicity of back symptomatology until several years after service. The right foot disability issue is being remanded.