Back / lumbar spine decisions — 2010

The Board has granted an initial rating in excess of 20 percent for the appellant's service-connected lumbar spine condition, effective from September 26, 2003. The claimant also received a separate 10 percent rating for neurological impairment of the right lower extremity due to his service-connected low back disability as of September 26, 2003.

The Board finds that the Veteran's low back disability is service-connected due to arthritis manifesting within one year of separation. The bilateral hearing loss was noted upon entry into service and did not worsen during active duty, meeting presumptive criteria for service connection.

The Board found that the Veteran's low back disorders were not incurred in or aggravated by service and denied his claims.

The Board denied the Veteran's claims for higher ratings for septal deviation, service connection for tinnitus, obstructive sleep apnea, coronary artery disease (CAD), encephalopathy (claimed as headaches and vertigo), a bilateral hearing loss disability, neck injury residuals, and a lumbar spine disability. The decision also noted that new and material evidence had not been received to reopen the claim for service connection for tinnitus.

The Board is remanding the case for further development, including obtaining the Veteran's current address and determining his preference regarding representation and hearing options.

The Veteran's degenerative disc disease and/or degenerative joint disease of the lumbar spine and cervical spine were not incurred in or aggravated by service, did not manifest within one year after discharge, and are not secondary to his service-connected disabilities.

The Veteran's claims for service connection for a back disorder, bilateral knee disorder, and depression were denied as there is no competent medical evidence linking these conditions to his active service.

The Board denied the appellant's claim for nonservice-connected disability pension benefits as his verified service did not meet the minimum eligibility requirements.

The Board has granted service connection for a lower back disorder but denied service connection for thoracic and cervical spine disorders, as well as a headache disorder. The Veteran's lower back disorder is related to his in-service motor vehicle accident (MVA).

The Veteran seeks service connection for knee, hip, and back disabilities. The Board has determined that additional development is needed to clarify the nature of these conditions and their relationship to service.

The Veteran's cervical spine degenerative disc disease was not productive of forward flexion of the cervical spine 15 degrees or less, favorable ankylosis of the entire cervical spine, or incapacitating episodes having a total duration of at least four weeks but less than six weeks during the past 12 months on or after January 22, 2010. As such, his claim for higher evaluations was denied.

The Board denied reopening the previously denied claim for service connection for a low back disability due to lack of new and material evidence.

The Board has determined that the Veteran's chronic low back disability does not warrant a rating higher than 20 percent prior to July 31, 2008 and higher than 40 percent as of July 31, 2008. The current ratings are based on limitation of motion.

The Board has dismissed the Veteran's appeal for an increased rating for lumbosacral strain with bulging disc and radiculopathy due to his withdrawal of the appeal prior to a decision being made.

The Veteran's appeal has been withdrawn, and the case is dismissed.

The Board found no evidence of a right knee disability in service and denied the Veteran's claims for service connection. The Board concluded that any current right knee, low back, or head injury disabilities are not related to his military service.

The Board has determined that the Veteran does not have a current hearing loss disability for VA purposes and therefore, service connection cannot be granted. The Veteran's claims for bilateral hallux valgus with degenerative joint disease of the left foot and lumbar strain with degenerative joint disease are also denied as there is no evidence showing these conditions manifested in service or are related to service.

The Board found that the Veteran's herniated disc of the lumbar spine with left side radiculopathy and left hip avascular necrosis is not proximately due to or the result of a service-connected disease or injury.

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

The Veteran seeks service connection for chronic back disorder, cold injury of the feet, and orthopedic disorders of the feet and ankles. The Board has determined that additional development is needed to determine if these conditions are related to his military service.