Back / lumbar spine decisions — 2009

The Board denied service connection for a left knee injury, right knee injury, and back disorder as the evidence did not support that any of these conditions were incurred in or aggravated by active service.

The Veteran's low back strain with DDD is not shown to be more disabling than the currently assigned 10 percent rating.

The Board denied the claims for service connection for a back condition, fibromyalgia, and chronic fatigue syndrome as new and material evidence was not presented to reopen the previously denied claims.

The Board denied service connection for gastroesophageal reflux disease, left shoulder disability, hypertension, and low back disability as the preponderance of evidence was against a finding that these conditions were incurred in or aggravated by active duty. The claim for an increased rating for bilateral hearing loss was not addressed.

The Board has determined that new and material evidence has been submitted to reopen the claim for a low back disorder, but denied service connection for bilateral hearing loss, tinnitus, depression, and a bilateral elbow disorder as there is no current diagnosis of these conditions.

The Board denied service connection for a seizure disorder, degenerative disc disease of the lumbosacral spine, carpal tunnel of the right upper extremity, left knee disorder, and migraine headaches as there was no evidence to support that these conditions were incurred or aggravated during active military service.

The Board found that the Veteran's low back disorder was aggravated by his active service, while new and material evidence was provided to reopen a claim for bilateral hearing loss but not for tinnitus.

The Board has denied the claims to reopen as new and material evidence was not received.

The Board denied the Veteran's claims for service connection for headaches, a bilateral knee disability, bilateral flat feet, COPD, and a lumbar spine disability as there was no evidence to support a finding that these conditions were incurred in or aggravated by active naval service.

The issues of entitlement to a disability evaluation in excess of 40 percent for low back syndrome, DDD and herniated nucleus pulposus at L4-5, TDIU, an earlier effective date for the grant of a 20 percent rating, and an earlier effective date for the grant of a 40 percent rating are being remanded.

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

The Board denied service connection for a low back condition, lung disease, gastrointestinal condition, and prostatitis as the evidence did not support a finding that these conditions were incurred in or aggravated by active service.

The veteran's claim for a disability rating in excess of 40 percent for degenerative disc disease with lumbosacral strain is being remanded to obtain additional evidence.

The Board denied service connection for a back disability, denied an increased rating for paralysis left upper plexus, C5 and C6, denied an increased rating for fracture left scapula, and remanded the issue of entitlement to service connection for a left hand disability.

The Board granted service connection for bilateral hearing loss but denied service connection for an upper back disorder.

The appeal is remanded for additional development, including a new VA examination to address the Veteran's reported in-service injury and the lack of service treatment records.

The Board denied an increased disability evaluation in excess of 40 percent for the veteran's service-connected low back disability but granted a separate 10 percent disability evaluation for right lower extremity radiculopathy.

The Veteran's lumbosacral strain disability was rated at 10 percent prior to September 10, 2003; increased to 20 percent from September 10, 2003, to March 6, 2008; and denied a rating in excess of 40 percent beginning March 6, 2008.

The Board found that the preponderance of the evidence is against the claim for service connection for a back disorder, as there was no indication of back trouble in service and no medical opinion linking the Veteran's current back disability to his military service.

The Veteran was not entitled to an effective date earlier than August 13, 1998, for the award of a TDIU under the provisions of 38 C.F.R. § 4.16(a) because the minimum schedular criteria were not met prior to that date.