Back / lumbar spine decisions — 2009

The Board has determined that the Veteran's current back disability, diagnosed as degenerative joint disease of the lumbar spine and lumbosacral spinal stenosis, is causally related to his period of military service.

The Board has determined that the appellant's claimed lower back disorder, left foot disability, left bicep scar, and left shoulder disability were not incurred or aggravated during active military service.

The Board found that the Veteran's current low back disability is not related to service and denied his claim for service connection.

The Board has remanded the issue of service connection for degenerative disc disease due to incomplete record search. The appellant's claim will be returned to the RO/AMC for further action.

The Veteran's claims of service connection for photophobia and low back disability have been granted. The claim for a blocked ureter has been denied, as there is no evidence of a current disability. The initial rating for fibromyalgia was assigned at 20 percent effective March 1, 2002.

The Board has determined that new and material evidence has been submitted to reopen the Veteran's claim of entitlement to service connection for a low back disability. The Veteran's cervical spine disability is currently rated as 10 percent disabling.

The Veteran's appeal is being remanded for further consideration due to the passage of time since his most recent examination and the need for clarification regarding the extent of his low back disability. The case will be returned to the RO for a compensation and pension examination to determine the current severity of his service-connected degenerative disc disease of the lumbar spine, as well as whether he is unable to secure and follow a substantially gainful occupation by reason of his service-connected disabilities.

The Board found that the appellant does not have degenerative disc disease of the lumbar spine or intervertebral disc syndrome that is related to military service, and his depression disability was not caused by a service-connected condition. The claims were denied.

The Board has determined that the Veteran's current low back disorder originated during his active service and granted service connection for this condition.

The Board found that the Veteran's current low back disability did not develop during service and is not related to any in-service injury. As a result, service connection for this condition was denied.

The Board has determined that the Veteran does not have a current diagnosis of a vision disorder. For his low back and right shoulder disorders, there is no evidence of an in-service injury or chronic disability related to service.

The Veteran's claims for increased evaluations and earlier effective dates were denied. The Board found that the current ratings adequately reflected the severity of his service-connected disabilities.

The Veteran's claim for an increased rating for chronic bronchitis was granted, and he is now rated at 100% effective March 26, 2009. Prior to this date, the Veteran had a 10% rating.,For scoliosis of the lumbar spine, the Veteran's claim resulted in a grant of an increased rating to 100%, effective from September 18, 2006.

The Veteran's service-connected disabilities alone cause him to be unable to dress himself, attend to the wants of nature, ambulate outside the home, or protect himself from dangers in his environment and therefore make him so helpless as to need regular aid and attendance.

The Veteran's claim for service-connection of spondylolisthesis of the lumbar spine was granted, with a 20 percent disability rating effective July 7, 2006.

The Veteran's lower back disability is currently rated at 40 percent, which is the maximum rating available under the current criteria. The Board has not found any evidence of ankylosis or pronounced intervertebral disc syndrome to warrant a higher rating. Additionally, the Veteran's claim for an earlier effective date for TDIU was granted.

The Board found that the Veteran's left shoulder disorder and herniated disc in lumbar spine are not related to his active duty service. The claim for service connection was denied.

The Veteran's appeal is being remanded due to the need for a new VA examination and updated medical records.

The Board has determined that the Veteran's low back condition is related to his military service and grants service connection for this condition. However, there is no evidence of bilateral hearing loss meeting VA disability compensation criteria during the appeal period.

The Board has determined that additional development is needed to verify the Veteran's service dates and obtain relevant medical records. The case will be remanded for these purposes.