Back / lumbar spine decisions — 2009

The Veteran's service-connected disabilities render him unemployable, and the Board has granted a TDIU.

The Veteran's service-connected degenerative disc disease of the lumbar spine is currently rated at 10 percent, and the Board finds that this rating is appropriate based on his range of motion findings. The Veteran does not meet the criteria for a higher evaluation under the applicable diagnostic codes.

The Veteran's claims for service connection for degenerative joint disease of the lumbar spine, right knee, and left knee are being remanded to allow for a VA examination and further development.

The Veteran's appeal was denied for service connection claims related to neck, back, and shoulder disorders. The case is being remanded due to incomplete development.

The Board has remanded the case for another medical examination to determine if the Veteran's back disability is related to service, including a grenade explosion in service. The Veteran will be provided with an opportunity to respond to the supplemental statement of the case.

The Board found that the Veteran's low back disability, including a lumbosacral strain, was not incurred in or aggravated by service.

The Board has determined that the Veteran's low back disability is related to injuries sustained during active service, including ACDUTRA. Therefore, service connection for a low back disability is granted.

The Board has remanded the case for additional development, including obtaining SSA records and VA medical records from the Dallas VAMC.

The Veteran's current back disability is not attributable to military service.

The Veteran's appeal is being remanded for further development to determine the current level of disability due to his service-connected lumbosacral strain and to identify the etiology of his peripheral neuropathy.

The Veteran's initial disability rating for degenerative disc disease of the lumbar spine was granted at 10 percent prior to December 17, 2008 and increased to 40 percent from that date.

The Veteran's low back disability is rated at 40 percent since September 26, 2005. A separate 10 percent rating for each lower extremity due to sciatic nerve impairment has also been granted.

The Veteran's claim for an increased rating for lumbosacral strain was denied, and his TDIU claim was also denied as his service-connected disabilities do not preclude him from securing or following substantially gainful occupation.

The Veteran seeks service connection for various disabilities, including a cervical spine injury, right and left knee disabilities, thoracic and lumbar spine disabilities, a psychiatric disorder (including posttraumatic stress disorder), and a heart condition. The case is being remanded to obtain additional medical records and to schedule the Veteran for VA examinations.

The Board found no evidence of a nexus between the Veteran's current low back condition and service, and denied her claim for service connection. The chipped bone of the right big toe was also not linked to service.

The Board has determined that new and material evidence has been received to reopen the previously denied claims of service connection for PTSD and a low back disability. The other issues remain denied.

The Veteran's hearing loss in the right ear was noted upon entry into service and remained unchanged at separation. Hearing loss in the left ear is not shown to have been incurred or aggravated by service, nor presumed due to exposure to Agent Orange or other environmental factors.

The Veteran's claims for service connection and increased ratings were denied. The Board found that new and material evidence had not been received to reopen the right knee disorder claim, but had been received to reopen the left knee disorder claim. Service connection was not granted for tinnitus or degenerative joint disease of the lumbar spine. Increased disability ratings were also denied.

The Board has remanded the case for further development due to inadequate VCAA notice and other issues.

The Veteran's claims for increased ratings and service connection have been denied. The Veteran does not meet the criteria for a higher rating for his tinnitus, as it is already at its maximum schedular evaluation of 10 percent. He also does not have separate ratings for each ear due to note (2) in Diagnostic Code 6260.