Back / lumbar spine decisions — 2009

The Board has determined that additional development of the evidence is required in order to properly adjudicate the Veteran's claims for service connection, initial disability ratings, and other issues. Specifically, a VA examination is needed to assess the current severity of his cervical spine and left shoulder disabilities, as well as any post-service treatment records are needed.

The Veteran's service-connected low back disability, which includes degenerative disc disease and intervertebral disc syndrome, is not shown to meet the criteria for a higher initial evaluation than 20 percent under the prior schedule for rating spine disabilities.

The Board's decision is dismissed as moot due to the Court's vacating and remanding of the decision.

The Veteran's service-connected disabilities do not meet the criteria for an extension of the period of eligibility for vocational rehabilitation services due to his ability to overcome employment handicaps and his current capabilities.

The Board is remanding the case for scheduling a travel board hearing at the RO in New Orleans, Louisiana.

The Board has determined that the Veteran's current left shoulder and back disabilities are not related to military service, while his migraine headaches may be related. The claim for residuals of a head injury is denied.

The veteran's lumbar spine degenerative disc disease is currently rated as 10 percent disabling. The right and left lower extremity peripheral neuropathy are each rated at 20 percent since October 31, 2007.,Prior to October 31, 2007, the veteran's right and left lower extremity peripheral neuropathy were each rated as 10 percent disabling. Beginning October 31, 2007, both conditions are rated at 20 percent.

The Board has denied the Veteran's claims for service connection for low back disability, hearing loss, and tinnitus. The claim for an initial rating in excess of 10 percent for migraine headaches prior to February 27, 2008 was granted with a 30 percent rating effective from that date.

The Veteran's claim for the basic rate of education benefits as if he was not incarcerated is denied. The appeal includes other service connection and rating issues, but the main issue addressed in this decision is the denial of the basic rate of education benefits.

The Board found that the Veteran's degenerative arthritis of the lumbosacral spine and bilateral hearing loss disability were not incurred or aggravated in service, and thus denied both claims.

The Board found that the Veteran does not have a current diagnosis of scoliosis and denied her claims for service connection for spondylosis of the cervical spine and intervertebral disc syndrome of the thoracolumbar spine, finding no direct evidence linking these conditions to service.

The Board found that the Veteran's thoracolumbar spine disability is not related to his active service and denied his claim for service connection.

The Veteran's claims for increased ratings for his service-connected abdominal wound and lumbosacral strain were denied. The Veteran was not granted a TDIU.

The Board has denied the Veteran's claims for service connection for low back and right knee disorders, finding that there is no evidence of a current disability or continuity of symptomatology related to his service-connected left knee disorder. The Board also found that any current low back disorder did not develop secondary to his service-connected left knee disorder.

The Board has determined that the Veteran's thoracolumbar scoliosis and degenerative disc disease of the lumbar spine had its onset in service, granting service connection for these conditions.

The Veteran's service-connected disabilities have been rated based on their current severity, with some adjustments to better reflect the degree of impairment.

The Board denied service connection for a low back disorder, finding that the Veteran's current disability did not pre-exist his military service and was not incurred therein.

The Board found no medical evidence linking the Veteran's current low back disability to his military service, and denied the claim for service connection.

The Board found no evidence of a chronic low back disability in service and denied the Veteran's claim for service connection. The left knee disability was evaluated at 10% since October 7, 1989, based on recurrent subluxation or lateral instability.

The Veteran's claims for increased ratings for allergic rhinitis, tendonitis and synovitis of the first metacarpal joint (right hand), tendonitis and synovitis of the first metacarpal joint (left hand), bilateral pes planus, and low back disability have been denied. The Board found no evidence that these conditions meet the criteria for a compensable rating at any time.