Back / lumbar spine decisions — 2009

The Veteran's service-connected back disability, characterized by degenerative disc disease with arthritis of the lumbar spine and status-post L3-L4 interbody fusion, is currently rated at 60 percent under the old criteria effective September 23, 2002.

The Veteran's appeal is remanded for additional development, including scheduling a VA examination to assess the current status of his service-connected cervical and lumbosacral spine disorders.

The Board denied the Veteran's claims for service connection for low back disability, residuals of a left knee strain, and migraine headaches with blackouts due to lack of evidence linking these conditions to service.

The Board denied the Veteran's appeal to reopen his low back claim and continued to deny the psychiatric disorder claim on the merits. The case was remanded for further development.

The Veteran's cervical strain was rated at 20 percent effective March 3, 2004.,A separate rating of 20 percent for radiculopathy of the right upper extremity is granted beginning September 2009.,Lumbosacral strain remains rated at 40 percent. A separate rating of 10 percent for radiculopathy of the right lower extremity is also granted.

The Veteran's claims for higher evaluations for his service-connected degenerative joint disease of the lumbar spine and bilateral pes planus were denied. The claim for service connection for a bilateral hip disability was also denied as it is not proximately due to or the result of his service-connected lumbar spine disability.

The Board has granted service connection for a back disorder and assigned an effective date of July 30, 2004. The issue of entitlement to an initial compensable rating for residuals of a right inguinal hernia is remanded for clarification on the correct effective date.

The Board found that the Veteran's low back disability, residuals of a crush injury (including broken left leg and left ankle), bilateral hearing loss, and tinnitus were not incurred in or related to his active service.

The Board denied the Veteran's claim to reopen his service connection for a back disability, finding that new evidence did not relate to any specific treatment or link to military service.

The Board denied the Veteran's claims for service connection and increased ratings, finding that his right shoulder disability warranted a 20 percent evaluation.

The Veteran's claims for service connection are being remanded due to the submission of additional evidence and argument, as well as the need to obtain SSA records.

The Board has remanded the case due to incomplete service treatment records and further efforts are required to obtain these records.

The Board has granted service connection for bilateral hearing loss, finding that the Veteran's current hearing impairment is more likely than not related to his in-service noise exposure. The low back disability claim remains pending as it involves a remand for further development.

The Veteran's appeals for increased ratings and separate evaluations have been dismissed as he has withdrawn his appeal.

The Veteran's service-connected cervical spine disability is currently rated at 10 percent, and the Board finds that a higher rating of 20 percent is warranted based on his subjective complaints of pain and stiffness.

The Veteran's appeal is remanded for additional development, including VA examinations to assess the current severity of his service-connected rhinitis, right shoulder disorder, and back disorder. The issues on appeal include entitlement to initial compensable ratings for rhinitis and headaches, as well as service connection for a right shoulder disorder and a back disorder.

The Board has determined that the Veteran's low back degenerative disc disease with bilateral neuropathy to the legs had its onset in service and grants service connection for this condition.

The Board found that the Veteran's low back disability was not incurred or aggravated by service and denied his claim for service connection.

The Veteran's claims for increased ratings and service connection were granted, with the right foot disability being rated at 10 percent. The low back degenerative changes are considered to be proximately due to a service-connected condition.

The Veteran's appeal is being remanded for additional development to assess the severity of his low back disability and psychiatric conditions, including obtaining medical records and conducting examinations. The TDIU claim will be deferred pending completion of this additional development.