Back / lumbar spine decisions — 2009

The Veteran's service-connected low back disability is currently rated at 20 percent, effective from December 14, 2004. The Board denied a higher rating as the evidence did not show that his symptoms warranted an evaluation in excess of 20 percent.

The Veteran's back disorder is not service-connected, and his bilateral pes planus, right foot hallux valgus deformity, and left foot hallux valgus deformity do not meet the criteria for a compensable rating.

The Veteran's low back disability was initially granted with a 10% rating effective October 1, 2002. The current appeal is for an increased rating.

The Board has determined that additional development is needed to properly adjudicate the Veteran's claims, including a VA examination.

The Board denied the Veteran's claim of service connection for a back disorder in July 1978, finding no evidence linking his left ankle disability to his current back condition. The Veteran has now attempted to reopen this claim with new evidence but the Board has determined that it is not sufficient to reopen the claim.

The Board found that the Veteran's low back disability was not incurred or aggravated during his active duty service.,The criteria for service connection for asbestosis have not been met.

The Veteran's tinnitus is granted service connection, and his cervical and lumbar spine disabilities are denied. The Board finds that the evidence is at least in equipoise as to whether the Veteran's tinnitus began in service.

The Board has determined that new and material evidence has not been received to reopen the claims of service connection for a left shoulder disability and a back disability. The Veteran's current conditions are considered to be related to his military service.

The Veteran's appeal is being remanded to the RO for scheduling a video hearing before a Veterans Law Judge at the RO.

The Veteran's claims for earlier effective dates for service connection were denied as the original decisions are final and cannot be reopened without a claim of clear and unmistakable error (CUE).,The Veteran's claims for earlier effective dates for service connection were denied as the original decisions are final and cannot be reopened without a claim of clear and unmistakable error (CUE).

The Veteran's service-connected tinea pedis is rated at a 10 percent evaluation, effective from the date of claim.

The Veteran's claim for an increased rating for his low back disability was denied. The Board found that the evidence did not meet the criteria for a higher rating under the General Formula or the Formula for Rating Intervertebral Disc Syndrome Based on Incapacitating Episodes.

The Board denied the Veteran's claims for increased ratings and service connection for various conditions, including right shoulder impingement syndrome, sinusitis, a low back disability, TMJ, hand and finger injuries, alopecia areata, and right epididymitis.

The Veteran's claims for service connection for neck and upper back disability, headache disability, and depression are being remanded due to her failure to report for a VA examination. The case will be reconsidered based on the evidence of record.

The Veteran's claim for an earlier effective date for the grant of service connection for a lumbosacral strain with spondylosis was denied. The effective date is set at April 7, 2006.

The Veteran's claim for an increased rating for his low back disability is being remanded due to the need for additional development, including a new examination and obtaining relevant medical records.

The Board found that the Veteran's low back disability and cold injury of the hands were not incurred or aggravated by active service, nor may they be presumed to have been incurred or aggravated therein.

The Veteran's degenerative disc disease of the lumbar spine is currently rated at 40 percent, which is the maximum schedular rating available. A separate 10 percent rating for right thigh hypesthesia has also been granted.

The Veteran's low back disability, post-L5-S1 interbody fusion, has been rated at 10 percent since March 7, 2005. The VA determined that the condition does not warrant a higher rating based on current symptoms and findings.

The Board has determined that the Veteran's degenerative disc disease of the lumbar spine with radiculitis does not warrant a rating in excess of 20 percent.