Back / lumbar spine decisions — 2009

The Veteran's low back disability is currently rated at 20 percent, but the Board has determined that a higher rating of 40 percent is warranted based on his current range of motion and symptoms.

The Board has granted service connection for tinnitus. The claims of service connection for low back and left knee disabilities have been reopened, but the evidence is insufficient to make a decision on the merits at this time.

The Board found no evidence of a chronic back disability during service and denied the Veteran's claim for service connection.

The Veteran's claim for service connection for hearing loss, left knee and ankle disabilities, low back disability, neck disability, right wrist disability, and migraine headaches was denied. The appeal is also denied regarding the TDIU claim.

The Veteran's service-connected chronic lumbosacral strain was manifested by some painful limitation of motion and complaints of weakness, but did not meet the criteria for a higher rating under Diagnostic Code 5237. The evidence does not support an initial disability rating in excess of 10 percent during the period prior to April 7, 2008.

The Veteran's appeal is being remanded for additional development of his VA healthcare records and to ensure complete information upon which to base a final decision.

The Veteran's claim for an increased evaluation for cervical spine disability was granted, and he is now rated at 30 percent. Service connection for right and left wrist disabilities as secondary to his service-connected cervical spine disability was also granted.

The Board has determined that the Veteran's current low back and right knee disabilities are not related to his service, including any complaints noted during service. Therefore, service connection for these conditions is denied.

The Board finds that the Veteran's DJD of the lumbar spine is related to his service, and grants service connection for this condition.

The Veteran's claim for hypertension was reopened, but service connection was not established. His claims for increased ratings for his low back injury and radiculopathies were denied.

The Board denied the Veteran's claims for service connection for a low back disability and residuals of bullet removal, as well as his claim for nonservice-connected pension benefits. The evidence did not support these claims.

The Board has determined that new and material evidence was submitted to reopen the Veteran's claim for service connection for degenerative joint disease of the lumbar spine. After reviewing all available evidence, including private treatment records, VA examinations, and the Veteran's testimony regarding continuity of symptomatology, the Board found sufficient evidence to establish a medical nexus between the Veteran's current disability and his in-service injury. Therefore, the claim is granted.

The Veteran's appeal is being remanded for a Travel Board hearing before the Veterans Law Judge who was scheduled to preside over his November 17, 2009 hearing. The case will be returned to the Board after the hearing.

The Veteran's lumbosacral strain has been rated at 40 percent, the highest possible rating under VA guidelines. The decision also granted service connection for diabetes mellitus.

The Veteran's chronic lumbar strain was granted service connection. The left ear hearing loss claim is denied, and the peptic ulcer (stomach disorder) claim remains pending.

The Board has determined that the Veteran's current low back disability is related to his military service and grants service connection for a recurrent low back disorder.

The Veteran's appeal is being remanded for additional development of his claims, including obtaining medical records and considering whether extra-schedular evaluations are warranted.

The Veteran's appeal involves a claim for an increased rating for his service-connected degenerative disc disease of the lumbar spine and seeks an earlier effective date for a separate 10 percent rating for radiculopathy of the left lower extremity. The case is being remanded to obtain additional medical records, schedule the veteran for an appropriate VA examination, and consider whether there was CUE in the July 2001 rating decision.

The Board has determined that the Veteran's current degenerative joint disease of the lumbar spine is related to his in-service injury, and thus service connection for residuals of back injury is granted.

The Veteran's claims for increased ratings for his lumbar spine disorder and left knee disorder were granted, with a rating of 60 percent for the back. The claim for TDIU prior to August 1, 2002 was also granted.