Back / lumbar spine decisions — 2009

The Veteran's service-connected lumbosacral spine degenerative disc disease L4-5 and L5-S1 level with spinal stenosis with radiculopathy is found to preclude him from performing substantially gainful employment due to his disability.

The Veteran's low back disability, including an old compression fracture at L3 and DJD, warrants a rating of 60 percent since January 26, 2000. Service connection for the acquired psychiatric disorder is granted as secondary to service-connected DJD.

The Board has granted service connection for right ear hearing loss, finding that the Veteran's current sensorineural hearing loss is related to noise exposure during service. Service connection was denied for a low back disability.

The Veteran's claims for increased ratings for his service-connected lumbar and cervical spine disabilities were denied as the evidence did not meet the criteria for higher ratings under the applicable rating schedule.

The Veteran's claim for a higher rating for his degenerative disc disease and mild levoscoliosis is being remanded due to the need for a new VA examination.

The Veteran's service-connected disabilities, including bilateral hearing loss and degenerative disc disease of the lumbar spine, render him unable to secure or follow substantially gainful employment. The Board grants his claim for a total disability rating based on individual unemployability.

The Board has determined that new and material evidence has been received to reopen the claim of service connection for a low back disability. The Veteran's current low back condition is found to be related to his in-service injury, and thus service connection is granted.

The Veteran's low back disability was initially rated at 10 percent, and later increased to 20 percent effective September 14, 1998. The claim for a higher rating remains pending.

The Board denied the Veteran's claims for service connection for degenerative joint disease of the lumbar spine and a respiratory disorder, finding that there was no evidence linking these conditions to his military service.

The Veteran's claims for increased evaluations of his right ankle strain, left ankle strain, right shoulder impingement syndrome, and lumbosacral strain prior to March 27, 2008 were denied as the evidence did not meet the criteria for a compensable evaluation.

The Board has determined that the Veteran's claimed conditions are not service-connected due to clear and unmistakable evidence showing they existed prior to his entry into active service.

The Board has determined that earlier effective dates are not warranted for the granting of service connection and increased ratings for the appellant's disabilities.

The Veteran's lumbar spine disability has not been manifested by unfavorable ankylosis or incapacitating episodes lasting six weeks within a 12-month period, and therefore, the claim for an initial evaluation in excess of 40 percent is denied.

The Board found no evidence of a low back disability during service or for many years after, and concluded that the Veteran's current low back disability is not related to his military service.

The Board has determined that the appellant does not meet the criteria for increased DIC benefits based on need for regular aid and attendance or permanent housebound status.

The Board has remanded the case for further development, including a VA examination to determine the likely etiology of the Veteran's current low back disability and whether he is unemployable due to his service-connected disabilities.

The Board has denied the Veteran's claim for service connection for a back disorder as secondary to his service-connected bilateral knee disorders, finding that the medical evidence does not support such a relationship.

The Veteran's appeal is being remanded for further development and consideration of the April 2007 private treatment record, February 19, 2004 letter from his attorney, and VA examinations related to his right knee disability and low back disability. The claims are also being remanded for consideration of an extraschedular evaluation for the service-connected right knee disability.

The Board has remanded the claim for service connection for a left hip disorder to the RO. The Veteran's appeal concerns an initial rating higher than 20 percent for his service-connected low back disability, which is currently rated as 20 percent disabling.

The Board has determined that the Veteran's claim to reopen his service connection for degenerative changes of the lumbosacral spine with back and neck pain, secondary to residuals of a pilonidal cystectomy, was denied. The Veteran's claim for an increased rating for status-post excision of a pilonidal cyst with a cystectomy scar also resulted in denial.