Back / lumbar spine decisions — 2009

The Veteran's lower back disability has been rated at 20 percent since October 2002. The most recent examination in July 2004 did not show any incapacitating episodes or severe limitation of motion, and the Veteran's current range of motion is within normal limits with some pain noted.

The Veteran's service-connected disabilities have rendered him unable to engage in substantially gainful employment, consistent with his education and occupational experience.

The Veteran's claims for service connection for right knee disorder, low back disorder, left elbow disorder, and right shoulder disorder were denied. The claim for service connection for left eye episcleritis (claimed as episcleritis) was granted.

The Board has determined that the Veteran's back condition existed prior to service and was not aggravated by service, thus denying his claim for service connection.

The Board denied the Veteran's claim for service connection for his back disability, finding that it was not established as a direct result of service.

The Board found no evidence of a low back disorder during service and insufficient medical evidence to establish a connection between the current condition and service. The claim for service connection was denied.

The Board has remanded the case due to additional evidence submitted by the Veteran, and it is not clear whether service connection should be granted or denied for each condition.

The Veteran's low back disorder was not incurred in or aggravated by service, and there is no etiological relationship between any current low back disability and service.

The Board found that the Veteran's back condition is not causally related to his military service and denied his claim for service connection.

The Veteran's appeals for service connection and increased ratings have been withdrawn. The appeal for tinnitus has been denied as the Veteran is already receiving the maximum schedular rating available.

The Board found that the Veteran's degenerative disc disease of the cervical spine warranted a rating in excess of 20 percent, but denied his claim for an initial compensable rating for service-connected right upper extremity radiculopathy.

The Veteran's claims for increased ratings and service connection have been denied. The Board found no evidence of very frequent completely prostrating and prolonged attacks for the migraine headaches, which is required for a higher rating under Diagnostic Code 8100. For tinnitus, there is no provision for separate evaluations in each ear under DC 6260.

The veteran's low back disorder and ulcerative colitis were both granted increased evaluations. The low back disorder was granted a 60% evaluation, effective May 14, 2007. The ulcerative colitis received a 60% evaluation as well, also effective May 14, 2007.

The Veteran's low back disability was rated at 10 percent prior to May 31, 2008. The claim for reopening the chronic pulmonary condition claim is denied.

The Board denied the Veteran's claims for service connection due to lack of new and material evidence.

The Board has determined that the Veteran's current left knee, bilateral hip, and lower back disabilities are not related to service or a service-connected disability. Therefore, the claims for these conditions have been denied.

The Veteran's claim for an extension of educational assistance benefits beyond the initial 10-year period has been granted, as her service-connected traumatic brain injury and associated post-concussive headaches prevented her from participating in her chosen program of education within the applicable eligibility period.

The Veteran's service-connected disabilities do not preclude her from obtaining or maintaining any form of substantially gainful employment consistent with her education and occupational background, as she is currently working as a home health nurse for two different agencies.

The Board has reopened the Veteran's claim for service connection for low back disability and found new and material evidence to support this claim. The claims for bilateral knee and hip disabilities are remanded for further development.

The Veteran's appeal is being remanded due to the need for a BVA hearing at the local VA office.