Back / lumbar spine decisions — 2010

The Board has granted service connection for tinnitus, finding that the Veteran's hearing loss and tinnitus may be related to military noise exposure. The claim of service connection for degenerative disc disease of the lumbar spine is remanded due to a need for further examination.

The Veteran's service-connected disabilities, including bilateral hearing loss, multilevel degenerative disc and spinal stenosis L1-L5 with degenerative disc disease, and spinal stenosis of the cervical spine at C6-C7 with degenerative arthritis, have resulted in a combined evaluation of 90 percent. The Veteran is in need of regular aid and attendance due to his service-connected disabilities.

The Board found no evidence of a service-connected back injury or right hip arthritis, and denied the Veteran's claims.

The Board has granted service connection for degenerative joint disease of the lumbar spine. The right leg condition (previously adjudicated as a right knee condition) remains on appeal.

The Veteran meets the criteria for a total disability rating for nonservice-connected pension purposes due to multiple disabilities, including his right knee and low back conditions.

The Board has remanded the case to the RO for additional development due to issues related to service connection for various conditions.

The Veteran's disabilities, including anxiety and low back pain, do not meet the criteria for a permanent and total disability rating for VA non-service-connected pension benefits.

The Board has determined that the Veteran's low back disability with degenerative joint disease is not related to his military service and therefore denied his claim for service connection.

The Board has denied the Veteran's claims for service connection for PTSD, coronary artery disease, status-post myocardial infarction, an eye disability, a back disability, and a foot disability (claimed as 'bad feet'). The claim for lung disability, to include chronic obstructive pulmonary disease and asbestosis, is pending. Service connection has been established for major depressive disorder and anxiety disorder.

The Board denied the Veteran's claims for service connection for sinusitis and low back pain, as well as his claim for an evaluation in excess of 10 percent for left knee chondromalacia. The Veteran's bilateral carpal tunnel syndrome was not found to be related to service.

The Board has determined that the evidence received since the November 1984 rating decision is not new and material, thus denying the Veteran's request to reopen his claim of entitlement to service connection for a back disorder.

The Board found that the Veteran's lumbar spine disability did not meet or approximate the criteria for a higher rating than 20 percent, as it did not result in forward flexion limited to 30 degrees or less, nor did it involve unfavorable ankylosis of the entire thoracolumbar spine. The claim was denied.

The Veteran's bilateral hearing loss is found to be related to service, and the claim for this condition is granted. The claims for tinnitus, knee disabilities, wrist disabilities, shoulder disabilities, neck disability, and lower back disability are all denied.

The Veteran is seeking an increased evaluation for her service-connected low back strain and degenerative joint and disc disease. The Board has determined that a new examination is necessary to accurately determine the current state of her disability.

The Veteran's claim for service connection for folliculitis of the neck was denied. The RO granted service connection and a 10 percent rating for left elbow disability, left shoulder strain, and degenerative disc disease at L4-5. However, the Veteran's appeal is not about service connection issues.

The Veteran's claim for service connection for hearing loss was denied, and his initial evaluation for thoracolumbar spine strain was also denied. The Board found that the Veteran did not have a hearing loss disability as defined by VA regulations and that his thoracolumbar spine strain did not meet the criteria for an increased rating.

The Board has remanded the case due to the need for additional VA treatment records and a new examination to determine if the Veteran's service-connected disabilities render him housebound or require regular aid and attendance.

The Board denied the Veteran's claims of service connection for a sinus condition due to undiagnosed illness and an initial disability rating in excess of 20 percent for lumbar strain. The Veteran was not granted service connection based on his claimed sinus condition as there were no objective indications of chronic disability resulting from an undiagnosed illness during active service. For the lumbar strain, the Board found that the evidence did not show forward flexion limited to 30 degrees or less and favorable ankylosis.

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

The Veteran's appeal regarding the reduction of their low back disability rating from 40 to 10 percent has been dismissed as the prior 40 percent rating was reinstated retroactively.