Back / lumbar spine decisions — 2009

The Board denied the Veteran's claims for service connection for degenerative disc disease of the spine and hearing loss, finding no medical nexus between these conditions and his military service.

The Board has determined that the Veteran's service-connected disabilities meet the percentage criteria for a TDIU rating, but further examination is needed to determine if he is unable to secure or follow a substantially gainful occupation.

The Board has denied the Veteran's claims of service connection for a psychiatric disability and a low back disability on a direct basis, finding that new and material evidence was not received to reopen these previously denied claims.

The Board granted the Veteran's claims for service connection for degenerative arthritis of his hips and lumbar spine, but denied higher initial ratings. The case was remanded to reassess the severity of the disabilities at issue.

The Veteran's claims for increased ratings and service connection were denied. The Board found that the evidence did not support a grant of benefits in any of the issues.

The Veteran's claims for service connection are being remanded due to the need for a VA examination to determine the etiology of his left rib arthritis and its potential effects on his shoulder condition and low back disability.

The Board denied the claims for increased ratings for cervical and lumbar spine disabilities, as well as initial ratings in excess of 10 percent for migraine headaches and major depressive disorder. The appeal was not about service connection.

The appeal has been withdrawn by the appellant, and thus is dismissed.

The Veteran's claims for service connection for osteoarthritis of the lumbar spine, polymyositis of the lower extremities, and hypertension are all granted.

The Veteran's claim for an initial rating in excess of 10 percent for low back disability was denied. The RO found that the disability did not meet criteria for a higher rating based on extra-schedular consideration or any other service connection theory.

The Veteran's claim for an increased rating for his service-connected low back disorder is denied as the evidence does not show that he has experienced incapacitating episodes of intervertebral disc syndrome over the past year.

The Veteran's hypertension, degenerative disc disease of the lumbar spine, and skin rash were not found to be service-connected.

The Board has determined that the Veteran's low back disorder is not proximately due to or aggravated by a service-connected disability. The claim for service connection for this condition is denied.

The Board denied the Veteran's claims for service connection for an eye disability, a back disability, and schizophrenia. The decision also addressed whether new and material evidence had been received to reopen these claims.

The Veteran's service-connected disabilities do not render him bedridden or incapable of attending to personal self-care functions, and thus he is not entitled to special monthly compensation at the aid and attendance rate or at the housebound rate.

The Veteran's claims for increased ratings were denied. The Board found that the evidence did not meet the criteria for higher initial ratings under the applicable VA rating schedule.

The Veteran seeks an evaluation in excess of 10 percent disabling for a back disability. The case is REMANDED to the RO via the Appeals Management Center (AMC) in Washington, DC, due to lack of recent medical records and need for a VA examination.

The Veteran's claims for increased ratings and an earlier effective date were denied. The Veteran is currently rated at 20 percent for degenerative changes of the lumbar spine, with separate 10 percent evaluations for radiculopathy in both lower extremities.,An effective date prior to March 5, 2003, was not granted as the claim had been previously denied and reopened on new evidence.

The Veteran's service-connected disabilities have not worsened to the extent that they preclude her from performing the duties of her previously rehabilitated occupation, and she does not meet the criteria for additional vocational rehabilitation training.

The Veteran's claims for higher ratings for degenerative disc disease of the lumbar and cervical spine were denied, as well as his claim for a disability rating higher than 10 percent for left lower extremity radiculopathy.