Back / lumbar spine decisions — 2009

The Veteran's coronary artery disease is being remanded for further examination and consideration, as it may be related to his service-connected PTSD. The back condition claim is also being remanded due to the need for additional medical evidence.

The Veteran's low back disorder and sleep apnea have been granted service connection. The increased rating claims for cardiovascular disease, rhinosinusitis, right wrist, and right knee disorders are pending.

The Board has determined that the appellant does not have any chronic lumbar spine, right shoulder or left knee conditions, nor cysts of the lower abdominal wall, and thus service connection for these conditions is denied.

The Veteran withdrew his appeal for the initial claims of increased ratings for cervical and lumbosacral spine disabilities before the Board could make a decision.

The Board has reviewed the Veteran's claims for service connection for hypertension and a low back disorder, which were previously denied in December 1997. The evidence submitted since that time does not raise a reasonable possibility of substantiating these claims.

The Board has determined that the Veteran's chronic low back disorder is related to an injury sustained during his second period of active duty, and thus service connection for this condition is granted.

The Veteran's radiculopathy of the left lower extremity is rated at 20 percent, which is more than the initially assigned 10 percent rating. The Veteran's low back disability remains at a 40 percent rating.

The Veteran's claim for a rating in excess of 10 percent for his service-connected back disability is denied.,New and material evidence has been received to reopen the Veteran's claim of entitlement to service connection for bilateral hearing loss, and by itself or when considered with previous evidence of record, relates to an unestablished fact necessary to substantiate the claim. Service connection for bilateral hearing loss is granted.,The Veteran's claim for service connection for bilateral tinnitus is granted.

The Veteran's appeal is being remanded for additional evidentiary and procedural development, including scheduling a Travel Board hearing.

The Veteran's claims for service connection for a thoracic spine disability and hepatomegaly were denied, while her claim for an initial rating in excess of 10 percent for lumbosacral spine arthritis was granted.

The Veteran's claims for service connection and increased ratings were denied. The heart disorder was not found to be related to service or a service-connected condition, while the low back disability received an initial rating of 10 percent prior to October 12, 2007, and then 20 percent thereafter.

The Board has determined that the Veteran's claimed low back disorder, neck disorder, bilateral hearing loss, and gastrointestinal disorders are not service-connected.

The Veteran's low back disability, postoperative spondylolisthesis of L4-5, has been rated at 60 percent since July 2002. The current rating reflects the severity of his condition without additional criteria for a higher rating.

The Veteran's appeal is being remanded to the RO for scheduling a videoconference hearing.

The Board has remanded the case due to new evidence submitted by the Veteran and a need for further development, including a VA examination.

The Veteran's request for additional training and computer assistance was denied as it is not necessary to improve his independence in daily living given the severity of his service-connected disabilities.

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

The Veteran's claim for higher ratings for degenerative joint disease of the lumbar spine was denied. The RO assigned a 20% rating effective from June 3, 2004.

The Veteran's service-connected disabilities do not render him unable to secure or maintain substantially gainful employment.

The Board has determined that further development is needed to determine the etiology of the Veteran's current degenerative disc disease of the lumbar spine. The claim will be re-adjudicated after this development.