Back / lumbar spine decisions — 2009

The Board has determined that the Veteran withdrew his appeal on the claims of entitlement to increased ratings for degenerative disc disease of the lumbar spine and degenerative joint disease of the right knee. The claim for a compensable rating for bilateral hearing loss is denied as there is no evidence showing impairment levels warranting such a rating.

The Board has remanded the case due to insufficient medical opinions regarding whether the Veteran's current knee and back disabilities are caused or aggravated by his service-connected pes cavus with callosities. The Veteran is required to undergo VA examinations for a joints examination and a spine examination.

The Board has determined that new and material evidence has been submitted to reopen the Veteran's claim for service connection for a low back disorder. The Board finds that his military service aggravated his preexisting congenital low back condition, thus granting service connection.

The Veteran is seeking to reopen his claim for service connection for a back injury, which he claims developed due to military service. The Board has ordered additional development of the record to obtain pertinent medical records and information about any post-service injuries or treatments.

The Board has reopened the Veteran's claim of entitlement to service connection for low back disability due to new and material evidence submitted since the last final denial in January 1994. The claim is now pending on its merits.

The Board has remanded the case for further development, including obtaining a VA examination and ensuring compliance with VCAA notification requirements.

The Veteran's claims for increased evaluations of his service-connected lumbar and cervical spine disabilities were denied. The Board found that the evidence did not support a higher evaluation prior to June 7, 2004, or from June 7, 2004.

The Veteran's appeal is being remanded for additional development, including obtaining service treatment records and determining the nature of his periods of National Guard duty.

The Veteran's claims for service connection for bilateral hearing loss and a rating in excess of 10 percent for mechanical low back pain were denied. The decision is final as the Veteran did not appeal the denial within one year.

The Board denied the Veteran's increased rating claims for low back strain with L3 osteophyte formation and neck strain with degenerative disc disease and osteophyte formation, finding that his disabilities did not warrant ratings higher than the current 20 percent.

The Veteran's claim for an increased evaluation of his lumbosacral strain with degenerative changes and disc herniation is being remanded due to the need for a personal hearing.

The Board has denied service connection for a back disability and granted service connection for bipolar disorder with depression. The Veteran's claim for a back disability was not supported by competent medical evidence, while his claims for bipolar disorder were supported by VA mental health professionals' opinions linking the condition to service.

The Veteran's claim for increased ratings for chronic low back strain was denied. For the period from January 28, 2004 to November 3, 2004, a rating in excess of 10 percent is not warranted. For the period beginning on November 4, 2004, a rating in excess of 40 percent is also not warranted.

The Board has remanded the case for additional development, including obtaining VA treatment records and clarifying whether the Veteran wants an RO hearing.

The Board has remanded the case for additional development, including a VA medical examination to determine if the Veteran's service-connected bilateral pes planus with metatarsalgia caused or aggravated his low back disability.

The Veteran's claim for an initial rating in excess of 10 percent for lumbar strain with degenerative changes was denied as his symptoms did not meet the criteria for a higher rating under VA's General Rating Formula for Diseases and Injuries of the Spine.

The Veteran's claimed left leg, low back, left hip, and right hip disorders were not incurred in or aggravated by service.

The Veteran's claims for service connection for hearing loss and tinnitus were denied. The claim for increased rating for low back disability was denied, but the claim for increased rating for left knee disability from July 1, 2008 to May 7, 2007 was granted with a 20% rating. The Veteran's claim for compensable rating for sinusitis with rhinitis was denied. The TDIU claim is referred to the RO.

The Veteran's claims for increased ratings and an earlier effective date for his service-connected thoracolumbar and cervical spine disabilities were denied. The RO found that the evidence did not support a rating in excess of 20 percent for either condition, nor did it show any incapacitating episodes warranting a higher evaluation under the Formula for Rating Intervertebral Disc Syndrome Based on Incapacitating Episodes (Formula for Rating IVDS).

The Veteran's claim for increased evaluations of his lumbar spondylosis was denied. The RO granted a 20 percent evaluation effective February 18, 2005 and later granted a 40 percent evaluation effective January 31, 2007.