Back / lumbar spine decisions — 2009

The veteran's claim for a disability rating in excess of 20 percent for his lumbar spine condition was denied, and the claim for compensation under 38 U.S.C.A. § 1151 for a left shoulder condition was also denied.

The veteran's right and left hip, low back, and right shoulder disabilities do not meet the criteria for higher initial ratings. Bilateral hearing loss was not incurred in or aggravated by active service.

The veteran's lumbosacral spine strain with degenerative disc disease and left lower extremity sciatica do not warrant a rating in excess of 20 percent, and the right shoulder tendinitis and impingement with degenerative joint disease of the acromioclavicular joint was not incurred in or aggravated by active service.

The Board denied the veteran's claims for service connection for lumbosacral strain and aortic stenosis, finding that new and material evidence had not been presented to reopen the claim of lumbosacral strain and that there was no evidence linking either condition to his military service.

The Board denied service connection for all claimed conditions as there was no competent evidence linking any of them to the veteran's active service or any exposure during that time.

The Board denied the veteran's claim for service connection for a back disability, finding no evidence that it was incurred in or aggravated by service and noting that there is no competent medical evidence linking the current back condition to service.

The veteran's current GERD, obstructive sleep apnea, and low back pain were not related to active service.

The veteran's need for regular aid and attendance is not due to his service-connected post-traumatic stress disorder, and he is not permanently housebound by reason of his service-connected post-traumatic stress disorder.

The Board found clear and unmistakable error in the March 1974 administrative decision that the veteran's discharge was not a bar to VA benefits, and denied service connection for all claimed conditions as the character of discharge is a bar to VA benefits.

The veteran's appeal was partially granted, with separate 10 percent evaluations for bilateral shin splints and hallux valgus, but denied for a right breast cyst and hemorrhoids. The claims for higher initial evaluations for PTSD, degenerative changes of the lumbar spine, trochanteric bursitis of both hips, and ankle strains were remanded.

The veteran's claim for an earlier effective date for a total disability evaluation based on individual unemployability due to service-connected disabilities was denied as the criteria were not met prior to December 15, 2000.

The veteran's claims for service connection for sinusitis, hearing loss, eye disability, low back disability and neck disability are being remanded for further development.

The veteran's cervical spine and dermatitis disabilities do not warrant ratings in excess of the current levels, but his lumbar spine disability warrants a 20 percent rating effective June 21, 2007.

The veteran's claim for an evaluation in excess of 10 percent for his back disability is being remanded to schedule a new VA examination.

The Board denied the veteran's application to reopen his claim for service connection for a low back disability and granted service connection for a depressive disorder.

The Board denied service connection for low back disability, eye disability (dry eyes), psychiatric disability (including PTSD), and alcohol abuse.

The Board denied service connection for a neck disability and an upper back disability as they were not related to the veteran's active military service or any incident therein, including an in-service accident aboard the USS Koelsch.

The Board found no competent medical evidence linking the veteran's claimed conditions to his active service, and denied all claims for service connection.

The Board found that new and material evidence had been received to reopen the claims for service connection for a back disability and right knee disability, but ultimately denied both claims as not being supported by competent evidence.

The Board grants service connection for sinusitis, chronic headaches (migraine), and lumbar spine disability (degenerative disc disease and left lumbar radiculopathy) based on the evidence of record.