Back / lumbar spine decisions — 2009

The Board has remanded the case for additional development, including obtaining medical records and ensuring that all relevant evidence is considered in deciding the Veteran's claims.

The Board has determined that new and material evidence has been received to reopen the Veteran's claim for service connection for a low back disability. However, the evidence does not establish a link between the Veteran's current condition and his in-service injury.

The Veteran's claims for increased ratings and reopening of service connection were denied. The right knee disability was rated at the maximum available under Diagnostic Codes, while the initial denials for elbow and low back disabilities remain unresolved.

The Veteran's claims for secondary service connection and increased ratings are being remanded due to inadequate notice, need for additional evidence, and the need for a VA examination.

The Board denied the Veteran's claims for service connection for a respiratory disability, heart disease (including cardiomyopathy), and back disability. The Board found no evidence of chronicity or continuity of symptomatology after discharge to support these claims.

The Veteran's lumbosacral strain was granted a rating of 20 percent prior to August 26, 2004 and increased to 40 percent from that date. The Veteran's bilateral hearing loss and hemorrhoids were also granted an increase in their ratings.

The Veteran's appeal is being remanded due to the need for additional development, including obtaining SSA decision and medical records.

The Veteran's claim for an increased evaluation for his lumbosacral spine disorder is denied, as the evidence does not support a rating in excess of 20 percent. A separate evaluation of 10 percent for right sciatic radiculopathy prior to May 6, 2005 is also denied.

The Board has determined that the Veteran's back disorder was not incurred or aggravated by active service and denied his claim for service connection.

The Veteran's claim for increased ratings for residuals of a back injury, to include lumbar disc disease, and radiculopathy of the lower extremities was denied. The Board found that the criteria for a higher rating were not met.

The Board found no evidence of a link between the Veteran's current lumbar spine disability and his service, thus denying his claim for service connection.

The Veteran's low back disability is rated at 40 percent, and he is granted separate ratings for associated radiculopathy in both lower extremities.

The Veteran's service-connected low back strain and degenerative disc disease are currently rated at 10 percent, which is the maximum schedular evaluation available for these disabilities. The Veteran's right shoulder disability does not warrant a compensable rating.

The Veteran's appeal is being remanded to the RO for scheduling a videoconference hearing in Denver, Colorado. The Veteran requested this due to his relocation away from Houston.

The Veteran's claims for increased ratings for left retropatellar pain syndrome and degenerative disc disease of the lumbar spine were denied as there is no evidence to support a higher rating under the applicable VA rating criteria.

The Veteran's claims for service connection were reopened due to the submission of new and material evidence. However, her claim for a temporary total rating based on hospitalization is denied as she does not have basic eligibility for that benefit.

The Board has ordered additional medical records to be obtained and a VA examination conducted for the Veteran's claimed back disorder and head injury residuals. The case will be returned to the RO/AMC for further review.

The Veteran's low back and neck conditions are being reviewed to determine if they are related to service, specifically the January 1983 incident onboard the ship. The Board will seek additional medical opinions to clarify these issues.

The Board has determined that the Veteran does not have a current disability of bilateral hearing loss for VA purposes and therefore, service connection is denied.

The Veteran's claim for increased ratings for his low back condition was denied. The RO had previously granted a 20% rating effective April 30, 1993, and later increased it to 40% from June 6, 2006.