Back / lumbar spine decisions — 2010

The Board finds that the Veteran's hypertension, acquired low back disability (claimed as chronic low back pain), stomach scar, and tinnitus were not incurred in or aggravated by active service. The STRs do not show any signs of these conditions during service, and there is no evidence to support a finding of service connection for these conditions.

The Board found no evidence of a nexus between the Veteran's current lumbar spine disorder and his service, or any incident therein. The claim was denied as there is insufficient medical evidence to support the assertion that the Veteran's back condition is related to his military service.

The Veteran's service-connected lumbar spine disc disease and other disabilities do not meet the criteria for a special home adaptation grant or an increased rating. The Board finds that the preponderance of the evidence is against the Veteran's claims.

The Veteran's service-connected disabilities do not result in the need for regular aid and attendance, as she is able to perform her activities of daily living without requiring assistance from another person.

The Veteran's claims for service connection for posttraumatic stress disorder, back disability, and bilateral hearing loss were denied. The Board found no evidence of a current disability related to service.,Service connection was not established as the Veteran did not have a diagnosed condition during service or within one year after separation.

The Board has remanded the case due to insufficient evidence regarding the Veteran's right ankle, left hip and lumbar spine disorders. The Veteran must be provided with a VA examination to determine if any of these conditions are related to service.

The Veteran's low back disability is rated at 40 percent, the maximum schedular rating available. The appeal for a higher rating is denied. For TDIU, the Veteran's service-connected low back disability does not meet the threshold minimum criteria and does not preclude him from obtaining and maintaining substantially gainful employment.

The Board denied the Veteran's claims for service connection for low back disability, bilateral hearing loss disability, tinnitus, hepatitis C, and prostate disorder. The Board found that there was no evidence to support these claims.

The Veteran's appeal is being remanded for further development of his claims, including the need for VA examinations to determine the presence and likely etiology of any hearing loss and back disability.

The Veteran's claim to reopen his service connection for a back disorder was denied as no new and material evidence had been submitted.,Service connection for hypertension could not be established due to lack of evidence linking the condition to service.

The Board denied the Veteran's claims of service connection for left hip disability, bilateral eye disability, and PTSD. The claim for low back disability was also denied as there was no evidence to support its relationship with service.

The Board has determined that the Veteran's low back disability began during his active military service and is therefore granted service connection.

The Veteran's mechanical low back pain was not productive of moderate limitation of motion or incapacitating episodes, and thus did not meet the criteria for an initial evaluation in excess of 10 percent.

The Board denied a total disability rating based on individual unemployability (T/R) from January 2004 to March 2005 and from December 2005 to September 2006, finding that the veteran's service-connected disabilities did not meet the minimum percentage requirements for a T/R.

The Veteran's service-connected disabilities do not render him unable to obtain and retain substantially gainful employment.

The Veteran's claim for increased ratings for his lumbar spasms of the erector spinal muscles was denied. He is currently rated at 20% for this condition.

The Board has remanded the case for further development due to new evidence received after the May 2009 decision.

The Board has determined that the Veteran's low back disorder and right shoulder strain are related to service, granting service connection for both conditions.

The Board found that the Veteran's left knee and back disorders are not proximately due to or aggravated by his service-connected right knee disorder. The claims for secondary service connection were denied.

The Board found that the Veteran's low back disorder did not manifest during service, arthritis was not shown within a year after discharge, and there is no causal relationship between his current diagnoses and his active service. The claim for service connection is denied.