Back / lumbar spine decisions — 2009

The Veteran's claim for an increased evaluation in excess of 10 percent for his service-connected status post T7 compression fracture with lumbosacral spine degenerative disc disease with chronic thoracic spine strain was denied due to failure to report for a scheduled VA examination without good cause.

The Board found that the Veteran did not develop a chronic back disorder, to include lumbar spine disc disease and degenerative changes, in or as a result of service on any premise.

The VA determined that there is no medical evidence of a current back disability or any link between the Veteran's service and his claimed condition, thus denying his claim for service connection.

The Veteran's claims for higher initial ratings for his service-connected disabilities were denied. The RO found that the evidence did not support a rating in excess of 10 percent for each condition.

The Veteran's TDIU claim has been denied as his service-connected disabilities do not render him unable to secure or follow a substantially gainful occupation. The increased rating and diabetes mellitus claims are being remanded for further development.

The Board found that the Veteran's current back disorder is unrelated to his active service and denied service connection for a low back condition. The psychiatric claim was remanded due to insufficient nexus evidence.

The Veteran's low back disorder was not found to warrant a rating higher than 20 percent from December 17, 2003, to August 15, 2004. From August 16, 2004, the disability was rated at 40 percent.

The Board found no evidence of a low back disorder related to service and denied the claim.

The Veteran's service-connected lumbar strain is rated at a 10 percent evaluation for the period from June 14, 2004.

The Veteran's appeal is being remanded due to scheduling issues and representation clarification. The primary issues are the evaluation for PTSD and the effective date for lumbar spine degenerative joint disease.

The Veteran's claim for a higher evaluation for his degenerative disc disease of L4/L5 and degenerative osteoarthritis of lumbar spine, currently evaluated as 40 percent disabling beginning March 11, 2004, was denied.

The Board has denied the Veteran's claims for service connection for a lumbosacral strain and a right hip condition, finding that there is no evidence of an injury or disease in service and insufficient medical evidence to link current conditions to service.

The Board denied the Veteran's claims for service connection for a lumbar spine disorder and a diaphragm disorder, finding no new and material evidence to reopen the claim for the lumbar spine disorder. The diaphragm disorder claim was also denied.

The Board has remanded the Veteran's claims for additional development due to missing records from the Social Security Administration and the Detroit VA Medical Center.

The Veteran's service-connected disabilities do not meet the criteria for special monthly compensation based on loss of use of lower extremities.

The Board has decided to remand the case for further development, including obtaining medical records and scheduling a VA examination.

The Veteran's right ear hearing loss is found to be due to in-service noise exposure and service connection is granted. The issues of entitlement to service connection for hemorrhoid disorder, left knee disorder, and back disorder are remanded.

The Board has determined that new and material evidence has been submitted to reopen the Veteran's claim for service connection for a low back condition. The VA examinations conducted in May 2007 support the finding of current back disability, with a nexus to service.

The Veteran's low back disorder required a temporary total disability rating based on the need for convalescence following his surgery, and this was granted until October 1, 2007.

The Veteran's appeal is being remanded for additional development, including VA examinations to assess the severity of his service-connected lumbar degenerative disc disease and any diagnosed lumbosacral radiculopathy. The RO/AMC will then review the claims of entitlement to a rating in excess of 20 percent for lumbar degenerative disc disease and service connection for lumbosacral radiculopathy.