Back / lumbar spine decisions — 2009

The Board denied the Veteran's claims for service connection for a cervical spine disability, a lumbar spine disability, and a bilateral leg disability due to lack of evidence showing a current disability related to his military service.

The Veteran's claims for increased disability ratings for his service-connected cervical and lumbar spine disabilities are being remanded due to the need for a new VA examination.

The Board has denied the Veteran's claim for service connection for a low back disorder, finding that no new and material evidence had been submitted to reopen his previously denied claim. The VA examiner opined that the current back symptoms are more likely related to a work-related injury in 1984, after leaving active duty.

The Veteran's low back disability, characterized by limited motion and mild sciatica, is rated at 20% under the General Rating Formula for Diseases and Injuries of the Spine. A separate 10% rating is assigned for the neurological manifestations (sciatic nerve).

The Board has reopened the claim of service connection for a low back disorder due to new and material evidence. However, further examination is needed to determine if the current condition was aggravated by military service.

The Board has reopened the Veteran's claim of entitlement to service connection for a low back disability due to new and material evidence submitted since the last final denial. The Board finds that the current low back disability is causally related to an injury sustained during active service.

The Board has denied the Veteran's claims for service connection for left elbow disability, bladder disability, and pharyngitis due to lack of current diagnoses.

The Veteran's lumbosacral strain was rated as noncompensable prior to October 21, 2008 and as 10 percent disabling thereafter. The Board found that the evidence supported a 10 percent rating for the period prior to October 21, 2008 and denied an increased rating.

The Veteran's claims for service connection have been reopened and granted.,The Veteran has a current diagnosis of back, leg, and knee conditions that are related to his in-service injuries.

The Veteran's claims for service connection for a back disability, asthma, hearing loss, and tinnitus have been denied as there is no evidence of an in-service injury or disease that is linked to the current disabilities.

The Board has remanded the case for additional development, including a VA examination to determine the etiology of the Veteran's current low back disability and whether it is related to service.

The Veteran's service-connected disabilities, including scoliosis and degenerative disc disease of the lumbar spine, major psychoneurosis and hypochondriasis with manifestations of functional back pain, tinnitus, and bilateral hearing loss, prevent him from engaging in substantially gainful employment. The Board grants a TDIU based on these conditions.

The Board has ordered remand due to the need for a VA examination to determine if the Veteran's current low back disability is related to his in-service surgeries.

The Board denied service connection for a back disability and found that the appellant's service-connected disabilities do not render him unemployable.

The Veteran's service-connected disabilities do not preclude him from securing or following a substantially gainful occupation.

Throughout the appeal period, the Veteran's low back disability has been manifested by no more than moderate limitation of motion. A rating in excess of 20 percent is not warranted for the Veteran's variously diagnosed low back disability.

The Board has determined that the Veteran's low back disability was not incurred or aggravated by service and is therefore denied.

The Board denied the Veteran's claim for service connection for degenerative arthritis of the lumbar spine, finding that it was not incurred or aggravated by active service and could not be presumed due to his military service. The Board also found no evidence supporting a secondary relationship between the Veteran's current low back disability and his service-connected right knee disability.

The Board denied the Veteran's claims for service connection for low back disability, bilateral hearing loss, tinnitus, and bilateral eye disorder. The evidence did not support a finding of direct service connection for any of these conditions.

The Board found that the Veteran's low back disorder was not incurred in or aggravated by service, arthritis of the lumbar spine may not be presumed to have been so incurred, and a low back disorder is not secondary to service-connected bilateral knee disorders. The criteria for increased ratings for his right and left knee disorders were also not met.