Back / lumbar spine decisions — 2009

The Board found that new and material evidence had been submitted to reopen the claim for service connection for a left knee disability, but denied service connection for all other conditions.

The Board remands the case for a VA examination to clarify the current nature and likely etiology of any back conditions that may be present.

The Board found that new and material evidence had not been submitted to reopen the claim for service connection for a low back disability.

The Board denied an evaluation in excess of 40 percent for the veteran's lumbar spine disability but granted a 40 percent rating from September 26, 2003.

The Board denied the Veteran's claims for service connection for residuals of a concussion, including brain damage and memory loss, as well as secondary conditions such as tinnitus, bilateral eye disorder, left hip and back disorder, and neuropathy of the left hand.

The Board denied service connection for bilateral hearing loss and a low back disorder as there was no evidence of in-service incurrence or aggravation, nor any competent medical evidence linking the current conditions to active military service.

The Board denied the veteran's claims for service connection for right knee strain, left knee strain, and degenerative joint disease of the lumbosacral spine as secondary to his service-connected bilateral heel spur disabilities.

The Board granted service connection for a psychiatric disorder, resolving reasonable doubt in favor of the Veteran. The claim to reopen for a lumbar spine disorder was denied as new and material evidence was not presented.

The Board remands the case to afford the Veteran a VA examination to determine the nature and etiology of any back disorder that may be present.

The Veteran's low back and cervical spine disabilities do not meet the criteria for ratings in excess of 60 percent and 20 percent, respectively.

The Veteran's post-traumatic headaches are rated at 50 percent, which is the maximum schedular rating available for migraine headaches.

The Board denied the Veteran's claim for a rating higher than 20 percent for degenerative arthritis of the lumbar spine, as there was no evidence that the disability resulted in forward flexion of 30 degrees or less; favorable ankylosis of the lumbar spine; or incapacitating episodes of intervertebral disc syndrome having a total duration of at least four weeks during the past year.

The Board found that the Veteran's degenerative arthritis and degenerative disc disease of the lumbar spine did not warrant an evaluation in excess of 10 percent prior to October 7, 2005, or 40 percent from October 7, 2005.

The appeal is remanded to the RO for further development and readjudication of the issues on appeal.

The Veteran's degenerative disc disease and degenerative joint disease of the lumbosacral spine with left hip pain does not warrant a disability rating in excess of 10 percent, but he is granted a separate 10 percent rating for an objective neurological abnormality based on mild impairment of the right lower extremity.

The Board found that the preponderance of the evidence is against the claim for service connection for degenerative disc disease of the lumbar spine.

The Board denied an increased rating for the service-connected low back disability and granted a 10 percent rating for the left knee patellar trauma, effective from January 30, 2008.

The Veteran's back disorder did not meet the criteria for a higher disability rating at any point during the appeal period.

The appeal to reopen the claim for service connection for a low back disability was denied as new and material evidence was not received.

The Board denied service connection for residuals of a low back injury and tinnitus as the medical evidence did not demonstrate that these conditions were incurred or aggravated during active duty.