Back / lumbar spine decisions — 2011

The Board denied the Veteran's claims for service connection for chronic lumbar strain with degenerative arthritis, bilateral hearing loss, and tinnitus. The Board found that there was no clear and unmistakable evidence to show that any of these conditions were pre-existing or aggravated by service.

The Board denied service connection for degenerative disc disease of the lumbar spine, finding that the Veteran's back pain during service was acute and transitory, not present during or within one year after discharge. The Board concluded that the current condition is not etiologically related to active service.

The Veteran's service-connected lumbosacral strain has been rated at 20 percent since May 3, 2010. The Board found that the criteria for a higher rating were not met prior to this date.

The Veteran's claim for a back disability was denied, but he received an increased rating of 40 percent for right shoulder instability effective June 25, 2008.,Right shoulder instability and left shoulder instability were both granted increased ratings.

The Board found that the Veteran's back disability was not incurred or aggravated in service and is not otherwise related to his active service. The gastrointestinal disability claim is pending.

The Veteran's lumbar spine disability has not been shown to result in ankylosis, chronic neurologic manifestations of intervertebral disc syndrome (IVDS) resulting in any significant functional or sensory impairment, or incapacitating episodes of IVDS having a total duration of at least 6 weeks during any 12-month period. As such, the Veteran's claim for higher ratings is denied.

The Veteran's appeal is being remanded for further development, including obtaining outstanding treatment records and scheduling a VA examination to determine the current severity of his back disability. The TDIU claim will also be readjudicated.

The Veteran's service-connected migraine headaches are currently rated at 30 percent, and the claim for an initial rating in excess of 10 percent for lumbar spondylosis is denied.

The Veteran is seeking service connection for diabetes mellitus, heart disorder, and back disorder. The Board finds there are issues regarding exposure to herbicides but the required evidentiary development procedures have not been followed. Additional medical records are needed and a supplemental opinion on whether congenital lumbar stenosis was aggravated by superimposed disease or injury is also needed.

The Veteran's appeal for an increased rating for tinnitus was denied as the disability is already rated at its maximum level.,The status of her adjustment disorder and cervical spine disorders remains unclear due to lack of recent VA examinations.

The Veteran's claim for service connection for bilateral hearing loss is denied as there is no current diagnosis of hearing loss. The claim for an initial rating in excess of 20 percent for lumbar degenerative disc disease and a separate compensable rating for left knee arthritis with painful motion are also denied.

The Veteran seeks service connection for a back disorder. The Board finds the duty to assist has not been met and remands the case for further development, including obtaining Social Security records, private medical records from Dr. Waller, and a VA examination.

The Veteran's appeal was dismissed due to his death, and the Board has no jurisdiction to adjudicate the merits of the claim on appeal.

The Board found no credible evidence of the Veteran's claimed conditions and denied all service connection claims.

The Board found that there is no evidence of a chronic low back disability present in service or until years after service, and concluded that the Veteran's current degenerative changes of the lumbar spine are not related to his active duty service.

The Veteran's depressive disorder with attention deficit disorder was granted service connection. The initial evaluations for Crohn's Disease, lumbar spondylolisthesis, and residuals of injury to the right ankle/foot remain unchanged.

The Veteran's appeal is being remanded for additional development of his claims, including obtaining medical records and conducting examinations to assess the severity of his service-connected lumbosacral strain.

The Board has determined that the appellant's claimed disabilities are not related to his active service, and thus denied all of his claims.

The Veteran's claims for increased ratings for lumbar radiculopathy of the right and left lower extremities, as well as residuals of low back strain, were denied. The evidence did not meet the criteria for a higher rating under any applicable diagnostic codes.

The Board found that the Veteran's conduct and cooperation were not satisfactory, leading to the discontinuance of his vocational rehabilitation benefits.