Back / lumbar spine decisions — 2009

The Board has determined that the Veteran's lower back disorder and vertigo/equilibrium disorder are not related to service, and therefore denied his claims for service connection. The claim for a compensable initial rating for bilateral hearing loss is also denied.

The Veteran's claim for a total disability rating based on individual unemployability due to service-connected disabilities is being remanded for additional development, including an addendum opinion and/or examination regarding the impact of her low back and bilateral knee disabilities on her employability.

The Board has reopened the Veteran's claim for service connection for a degenerative disease of the lumbar spine and determined that new and material evidence has been received. The Board found that there is at least as likely as not that the Veteran's current back condition is related to an injury suffered during basic training in 1965.

The Board has remanded the Veteran's claim for an increased rating for his service-connected back disability due to the need for additional VA examinations and the need to obtain outstanding treatment records.

The Board has remanded the case due to the need for an examination to determine if the Veteran's current back disability is related to his in-service injury.

The Veteran's service-connected residuals of back injury, including lumbar spinal stenosis with L5-S1 disc narrowing and degenerative changes, are not rated higher than 40 percent prior to April 26, 2006, and the current rating is 40 percent thereafter.

The Veteran's lumbosacral spine disability, status post-laminectomy at L4-5, has been rated as 60 percent disabling based on its chronic orthopedic manifestations. The Board found that the evidence did not support a higher rating due to lack of ankylosis or other associated neurologic impairment.

The Veteran's claims for separate ratings for tinnitus, a higher rating for his lumbar spine disability, and a compensable rating for sciatica of the right lower extremity were denied. The maximum schedular rating for tinnitus has been assigned, and the Veteran's lumbar spine disability is rated at 10 percent due to its current limitations. Sciatica of the right lower extremity was granted as part of his service-connected lumbar spine disability.

The Board has determined that the Veteran's low back disorder and psychiatric disorder are related to injuries sustained during active service, granting service connection for these conditions.

The Board is remanding the case to the RO for further development and readjudication, including scheduling a VA examination and issuing a supplemental statement of the case.

The Board found that the Veteran's current low back disorder is not related to his service, and thus denied his claim for service connection.

The Board found that the evidence received since the last final decision in January 2002 is cumulative and does not raise a reasonable possibility of substantiating the Veteran's claims for service connection for residuals of pneumonia and bronchitis, headaches, tinnitus, and a low back disorder.

The Board has determined that new and material evidence has not been submitted to reopen the claim for service connection for degenerative disc/joint disease of the cervical spine.

The Board denied the Veteran's claims for service connection for lumbar and cervical spine disorders, finding no evidence of chronicity within one year post-service. The claim was not reopened as new and material evidence was not provided.

The Veteran's claims for increased ratings have been denied. The initial rating of 20 percent for the back disability prior to May 30, 2006 and the initial rating of 40 percent from that date are not supported by the evidence. The Veteran's radiculopathy has also not met the criteria for a higher rating.

The Board denied the Veteran's claims for service connection for low back strain and gout, finding no evidence of a current disability related to his service.

The veteran's low back disability was granted a 20% evaluation effective July 23, 2004.,The veteran's cervical disability was not granted an increased evaluation.

The Veteran's appeal for an increased rating and earlier effective date was denied. The Board found that the earliest possible effective date is January 10, 2002.

The Board has reopened the Veteran's claim for service connection for residuals of a low back injury and granted it. The claim for service connection for chronic fatigue syndrome (CFS) was denied.

The Veteran's service-connected lumbosacral strain does not meet the criteria for a higher rating, and his neurological abnormalities do not warrant separate evaluations.