Back / lumbar spine decisions — 2009

The Board has remanded the case for a VA examination to determine if any current low back condition is related to service, and then to readjudicate the claim based on the results of the examination.

The Board found no evidence of a chronic low back disability in service and denied the Veteran's claim for service connection. For his lung disorder, there was insufficient evidence to establish its onset during service or relate it to military service.

The Veteran's claim for service connection for headaches, claimed as secondary to a lumbosacral strain with injury to L1 and L5 and degenerative changes, is being remanded due to the need for additional VA treatment records.

The Board found that the Veteran does not have residuals of a low back injury related to service and denied his claim.

The Board has determined that additional development is necessary prior to the adjudication of the Veteran's claims for service connection due to a lack of examination addressing both secondary service connection issues. The case is REMANDED for further action.

The Board has determined that the Veteran's low back disability, including a compression fracture at L4, was not incurred in or aggravated by active service and therefore denied his claim for service connection.

The Veteran's claim for an increased rating for his service-connected degenerative disc disease of the cervical spine is being remanded due to the need for additional medical examinations and evaluations.

The Board denied the Veteran's claims of entitlement to an initial evaluation in excess of 40 percent for his low back disability, service connection for bilateral hearing loss, and service connection for tinnitus. The appeal concerning the higher evaluation claim was withdrawn by the Veteran.

The Board has reopened the Veteran's claim of service connection for a bilateral knee disability and remanded the case to the RO for further development, including scheduling VA examinations and issuing a Supplemental Statement of the Case (SSOC). The Veteran's low back disability is also on appeal but not addressed in this decision.

The Board has determined that the Veteran does not have a current low back disorder, right knee disorder, or left knee disorder that is related to his service. The claim for bilateral hearing loss must be denied by operation of law as there are no findings of a right ear hearing disability for VA compensation purposes.,By extending the benefit of doubt, the Board has determined that the Veteran's current left ear sensorineural hearing loss is due to noise exposure during his period of active service.

The Board denied the Veteran's claim to reopen his service connection for mild disc narrowing with scoliosis, L4-5 (claimed as low back pain), finding that new and material evidence had not been received.

The Veteran's claim for service connection for a back disability is being remanded due to the inability to obtain his service records and reserve unit records, which may contain information relevant to the etiology of his claimed condition.

The Veteran's claims for higher initial rating and TDIU were denied, with the effective date of service connection for his low back disability set at February 9, 1998.

The Board has decided to remand the case for additional development, including obtaining medical records and Worker's Compensation claims records.

The Veteran's claims for lumbar degenerative disc disease, neck pain, bilateral hearing loss, and tinnitus were denied. Service connection was granted for a distorted left great toenail with an initial evaluation of 0 percent effective January 2006.

The Veteran's claim for an increased rating for his low back disability is being remanded to the RO for additional development, including a VA examination and compliance with 38 C.F.R. § 4.59.

The Veteran's appeal is being remanded for additional development due to the need for a Travel Board hearing.

The Board has requested a Travel Board hearing for the Veteran due to his request, and this case is being remanded back to the RO or AMC for scheduling of that hearing.

The Veteran's service-connected disabilities make it impossible for him to secure and follow a substantially gainful occupation, warranting a TDIU.