Back / lumbar spine decisions — 2009

The Board has determined that the submitted evidence does not raise a reasonable possibility of substantiating the Veteran's claim for service connection for a low back disorder, and therefore, the claim is denied.

The Board denied the Veteran's claims for service connection for degenerative disc disease of the lumbar spine, generalized degenerative joint disease, and cervical spine disability. The Veteran did not have these conditions during or within many years after his military service.

The Board found that the Veteran's left knee disorder existed prior to service and was not aggravated during service. The low back disorder is not shown to be related to his service-connected left knee disability.

The Veteran does not have a current right knee, left knee, cervical spine, shoulder, or low back disability that is shown to be related to active service. The Board finds clear and unmistakable evidence of the preexistence of these conditions prior to service.

The Board finds that the Veteran's IBS and low back disability are service-connected as they had their onset during her period of active duty.

The Board has determined that the Veteran does not have a current disability related to loss of use of either hand, bilateral knee disorder, low back disorder, respiratory disorder (sinusitis), or sleep apnea. The claim for service connection for an acquired psychiatric disorder is denied as there is no competent medical evidence showing such a condition was incurred in service.

The Board has denied service connection for lumbar paravertebral myositis, lumbar polyradiculopathy, fibromyositis, degenerative joint disease of the lumbar spine, spondylosis, spondylolisthesis of L5-S1, and spinal canal stenosis of L4-L5. The Veteran's cervical segment of the spine disabilities were also denied service connection.

The Veteran's service-connected intervertebral disc disease of the lumbosacral spine is currently rated at 40 percent, and he meets the schedular criteria for a TDIU based on his combined disability rating.

The Board has remanded the Veteran's claims for additional development due to errors in legal standard application and inadequate reasons and bases provided.

The Board denied the Veteran's request for an effective date earlier than January 2, 2004 for service connection for a heart murmur with concentric left ventricular hypertrophy, mitral valve prolapse. The Board also denied his claim to reopen a previously denied neck and upper back disorder.

The Board found no evidence of a relationship between the Veteran's military service and his current low back disability, thus denying his claim for service connection.

The Board finds that the Veteran's current lumbar spine disability is not service-connected, as there is no evidence of a nexus between his military service and his current condition.

The Board has granted service connection for PTSD and remanded the issue of whether new and material evidence has been received to reopen a claim of entitlement to service connection for a low back disability.

The Veteran seeks a higher rating for his service-connected lumbar spondylosis, which he claims is part and parcel of his intervertebral disc syndrome. The Board has decided to remand the case for further development.

The Veteran's cervical and lumbar spine disabilities are related to injuries sustained during service, and the Board has granted service connection for both conditions.

The Veteran's claim for an increased evaluation in excess of 40 percent for her service-connected lumbar spine herniated discs at L4-S1 with radiculopathy is being remanded due to the need for additional development, including a VA examination.

The Veteran's service-connected degenerative joint disease of the lumbar spine is currently evaluated as 10 percent disabling, and an increased rating is not warranted.

The Board has granted service connection for tinnitus, which represents a complete grant of the benefit sought on appeal. The issues of hearing loss of the left ear, low back condition, dizziness condition, and panic attacks/disorder (secondary to dizziness) are addressed in the REMAND portion of the decision below and are REMANDED to the RO via the Appeals Management Center in Washington, D.C.

The Veteran's low back disability was rated at 10 percent prior to November 4, 2006 and at 20 percent from that date. The evidence did not meet the criteria for a higher rating under any applicable diagnostic codes.

The Board has determined that new and material evidence was not received to reopen the previously denied claims for service connection for a left foot disorder and a low back disorder. The Veteran's diabetes mellitus, neck disorder, bilateral hearing loss, and tinnitus were also denied.