Back / lumbar spine decisions — 2009

The Veteran's claim for an initial evaluation in excess of 10 percent for cervical strain with degenerative disc disease at C4-5 and C5-6 was denied. The claim for an initial compensable evaluation for migraine headaches was also denied.

The Board found that new and material evidence had not been submitted to reopen the claim of service connection for degenerative disc disease, spondylosis, disc bulge L3-S1, status post hemilaminectomy and facectomy with thoracolumbar strain.

The Veteran's appeal is being remanded for a video conference hearing before the Board of Veterans' Appeals.

The Board found that the Veteran's current low back, right shoulder, and right knee disorders did not have onset during his active service or are otherwise etiologically related to his active service.

The Board has determined that the appellant's lumbar spine disability warrants a rating of 60 percent, effective from the date of the initial claim.

The Veteran's claim for a disability rating in excess of 40 percent for his lumbar spine disability was denied, and the appeal for an earlier effective date for TDIU benefits was also denied.

The Veteran's lumbar spine disability is currently rated at 20 percent, but no higher. The cervical spine disability was increased to 20 percent effective October 31, 2008.,Service connection for right and left shoulder disabilities has not been established.

The Veteran's claims for service connection are being remanded due to the need for additional development, including a VA examination and readjudication on both direct and secondary theories of entitlement.

The Board denied the Veteran's claims for service connection for a low back disability and for TDIU, finding that there was no medical evidence to support a nexus between his current low back disability and his military service.

The Veteran's claim for service connection for lumbar disc disease with T12 wedging was previously denied and new evidence did not reopen the claim. The Veteran's tinnitus is currently rated at the maximum allowable under VA regulations.

The Board found that the Veteran's low back disability was not incurred in or aggravated by active service and denied his claim for service connection.

The Board denied service connection for back disability, left knee disability, and bilateral hearing loss. The claim for right hand disability was not reopened.

The Board found that the Veteran's low back disorder is etiologically related to his active service and granted service connection for a low back disorder.

The Board has remanded the case for further development due to new evidence received since the last statements of the case.

The Veteran's claim for an increased rating for his service-connected low back disorder was denied. The VA determined that the current symptomatology did not warrant a higher rating than 40 percent.

The Veteran's low back disability is being remanded for further development and consideration, including a VA examination to determine if the condition existed prior to service or was aggravated by military service.

The Board has determined that the Veteran did not timely file a Substantive Appeal regarding his claim for service connection, and therefore the appeal is dismissed.

The Veteran's claims for service connection and a rating in excess of 30 percent for hepatitis B were denied. The claim for TDIU was also denied.

The Veteran's claim for service connection for degenerative joint disease and degenerative disc disease of the lumbar spine was previously denied in 2003. New evidence has been submitted, but it does not establish a direct link between his current condition and service.

The Veteran's claims for service connection are being remanded due to the need for additional development, including a VA examination.