Back / lumbar spine decisions — 2009

The appeal is remanded to the RO for further development, including a VA examination to determine the etiology of the Veteran's low back disorder and its relationship to service or a service-connected disability.

The Veteran's right ear hearing loss was incurred in active service, but his left ear hearing loss and tinnitus were not. A low back disorder was also not related to active service.

The appeal is remanded for further development to ensure the Veteran's due process rights are met, including an adequate VA examination and review of recent medical records.

The appeal was dismissed due to the Veteran's death.

The Board granted a 20 percent rating for the lumbar spine disability, but denied increased ratings for sciatic neuropathy in both lower extremities.

The Board denied service connection for a left inguinal hernia repair and found that the Veteran's low back disability was not entitled to an initial evaluation in excess of 20 percent prior to July 17, 2007, but warranted a 40 percent rating from March 14, 1995, with no higher rating thereafter.

The claim for service connection for a back disability involving the cervical and lumbosacral spine was remanded to obtain additional evidence, including Worker's Compensation records from Missouri.

The Board found that the Veteran's low back disability was not related to his service, and denied the claim for a right hip disability as secondary to a low back disability.

The Veteran's major depressive disorder is rated at 50 percent, while other conditions remain non-service-connected.

The Veteran's initial rating for irritable bowel syndrome with stomach pain was denied, and service connection for low back disability was also denied.

The Board denied service connection for a low back disability, impotence, and a neck disability. The claim for a low back disability was reopened but ultimately denied.

The Board remands the claims for service connection for a cervical spine disability and a lumbar spine disability to obtain additional evidence, including the appellant's complete service medical records.

The Veteran's left foot disorder was aggravated during periods of ADT and INADT, but chronic lumbosacral strain is not shown to be the result of any disease or injury incurred in or aggravated during ADT or INADT.

The Veteran's degenerative disc disease is productive of limitation of spinal motion with pain throughout the ranges of motion without ankylosis, incapacitating episodes, or neurologic impairment. The Board has determined that a disability evaluation of 40 percent for degenerative disc disease has been met.

The Veteran was granted a 20 percent initial disability rating for degenerative arthritis of the left ankle and carpel tunnel syndrome of the left wrist, resolving all reasonable doubt in favor of the Veteran.

The back disorder was not found to be more disabling than the currently assigned 20 percent rating, and thus an increased rating was denied.

The Veteran was granted service connection for a right ankle disability and the orthopedic manifestations of her low back disability were rated at 10 percent, but no higher. The neurological manifestations of the low back disability were also rated at 10 percent.

The Veteran's appeal was withdrawn for all issues except TDIU, which has been granted effective April 7, 2005.

The Veteran's lumbar strain with loss of lordosis does not warrant a rating in excess of 10 percent, and his anal fissures do not warrant a compensable rating.

The Board denied the claim for service connection for bilateral hearing loss due to a lack of evidence showing that the Veteran's current hearing loss disability is related to his military service.