Back / lumbar spine decisions — 2009

The Veteran's appeal is being remanded to the RO for scheduling a videoconference hearing before the Board.

The Board has determined that the Veteran's current left shoulder and back disabilities are not related to his service, and thus denied these claims.

The Board has determined that a hearing must be scheduled for the Veteran at his current address in California, as he is no longer residing in Tennessee.

The Board has determined that the Veteran's lumbar spine disability is not related to his service and denied his claim. The claim for vertigo was also denied as there is no evidence linking it to his military service.

The Veteran's current back disorder was not shown to have been clinically present during his period of military service or until many years thereafter, and it is not shown to be related to an in-service injury. The Board finds that the preponderance of the evidence is against the claim.

The Board found that the Veteran's thoracolumbar spine disability did not manifest within one year of his separation from active service and is not related to his military service. As such, the claim for service connection was denied.

The Veteran's claims for increased evaluations of his service-connected thoracolumbar strain, healed fractures of the ribs, and bilateral hearing loss have been denied. The claim for service connection for a right knee injury has also been denied.

The Veteran's service-connected disabilities do not render him unemployable, as he is capable of performing the physical acts required by sedentary employment.

The Veteran's claim for a higher rating for his service-connected degenerative disc disease, L4-L5, with spondylosis and spondylolisthesis is being remanded due to the need for additional examination and consideration of associated neurologic impairment.

The Board has determined that the Veteran's right para-lumbar strain and chronic back pain are not related to her active service.

The Board found that the Veteran's current lumbar spine condition is not related to service and denied his claim for service connection.

The Board has remanded the Veteran's TDIU claim for a VA examination and to afford him an additional opportunity to provide evidence that substantiates his claim.

The Veteran's low back disorder is found to be secondary to his right femur disability. The higher rating claim for the right femur disability was denied.

The Board has determined that the Veteran does not have a current disability for which service connection can be granted for arthritis of the left hip, right hip, lumbar spine, myositis, or hypertension.

The Veteran's claim for a rating in excess of 40 percent for degenerative disc disease of the lumbosacral spine was denied as his disability did not meet the criteria for a higher rating under the applicable VA rating schedule.

The Board has granted service connection for the Veteran's low back degenerative disc disease and secondary service connection for his depression, both of which are related to his in-service low back injury.

The Veteran's claim for an increased rating for DDD of the lumbosacral spine was denied, and his claim for an earlier effective date for service connection remains pending.

The Board found that the appellant's service-connected right knee disability did not cause or aggravate his back disability, and thus denied the claim for service connection.

The Veteran's service-connected esophagitis with gastroesophageal reflux disease is currently rated at 30 percent, which is the maximum schedular rating available for this condition. The Veteran's other conditions have not been found to warrant higher ratings.

The Board has denied the Veteran's petition to reopen his claims for service connection for degenerative arthritis/degenerative discopathy of the lumbar spine and hearing loss, as no new and material evidence was submitted.