Back / lumbar spine decisions — 2009

The Board has denied the Veteran's claims for service connection for low back disability, bilateral pes planus, and hammertoes. The evidence does not support a finding that these conditions are related to service.

The Veteran's claim for an increased evaluation of his service-connected lumbosacral strain with disc syndrome is being remanded due to the need for additional development, including VCAA compliance and obtaining VA treatment records.

The Board has denied the Veteran's claims for service connection for headaches, an eye disorder, a mouth disorder, a back disorder, bilateral hand disorders, and bilateral foot disorders. The January 1989 rating decision is final as it was not appealed within one year of its issuance.

The Board has determined that the October 2004 rating decision granting service connection for arthritis of the lumbar spine was clearly and unmistakably erroneous due to a misreading of a VA examiner's opinion. As such, the grant of service connection is being severed.

The Board has determined that the Veteran's current bilateral hearing loss disability is related to in-service noise exposure and granted service connection for this condition. The claims for arthritis of the lumbar spine, hands, elbows, and shoulders are remanded for further development.

The Board has remanded the case due to inadequate notice under the VCAA. The Veteran's claim for service connection for a back disorder will be returned to the RO/AMC for further development.

The Veteran was granted a 60 percent evaluation for cervical strain with degenerative disc disease from April 16, 1992 to April 16, 1998. The effective date of the TDIU remains pending.

The Veteran's appeal involves staged ratings for his service-connected left hip disability, right hip disability, and lumbosacral strain with degenerative changes. The RO must remand the case to ensure proper development of the claims file and provide the Veteran with VCAA compliant notice.

The Board has determined that service connection is warranted for a right elbow disorder and nonallergic rhinitis (sinus disorder), but not for the claimed bilateral knee disorders, cervical spine disorder, lumbosacral spine disorder, left hip ganglion cyst, left foot disorder, right ankle disorder, head concussion injury residuals, or vertigo.

The Board has remanded the case for additional development due to incomplete records and potential errors in previous determinations.

The Veteran's low back disability is rated at 40 percent since October 17, 2001 (the date of filing), and a separate rating of 30 percent for associated right leg radiculopathy has been assigned.,He was previously granted an increased rating to 20 percent in June 2002.

The Veteran's lumbar spine disorder is rated at 10 percent, the maximum rating available under the General Rating Formula for Diseases and Injuries of the Spine. The Board finds no basis to grant a higher initial rating.

The Veteran's appeal has been dismissed for the issues of arthritis bilateral hands, low back disorder with arthritis, peripheral neuropathy lower extremity, bilateral knee condition secondary to low back problem, and arthritis bilateral rib cage. The claim for an initial compensable disability rating for bilateral hearing loss is denied.

The Board has granted service connection for a low back disorder, cervical spine disorder, and bilateral knee disorder. The Veteran's PTSD remains at a 30 percent rating.

The Board denied reopening of the Veteran's claims for service connection for low back disability and high cholesterol due to lack of new and material evidence.

The Board denied service connection for a low back disorder, and the Veteran's claims for compensable evaluations for hypertension and bilateral mild cataracts were withdrawn prior to decision.

The Board denied the Veteran's claims for service connection due to lack of new and material evidence, as well as failure to establish a direct link between his current conditions and military service.

The Veteran's claims for higher ratings for lumbar and cervical spine DJD, as well as an earlier effective date for service connection, were denied by the Board.

The Veteran's bilateral hearing loss and low back disability were not incurred in or aggravated by service. The Board found no evidence of a current disability related to service, and the time gap between any potential injury and diagnosis was too long to establish causation.

The Board found that new and material evidence had not been submitted to reopen the claim for service connection for a low back disability, resulting in its denial.