Back / lumbar spine decisions — 2011

The Board found that the Veteran's current low back disabilities are not shown to be a result of an in-service disease or injury, and did not manifest to a compensable degree within a year thereafter. Therefore, service connection for a low back disability was denied.

The Veteran's service-connected right ear disability and lumbar spine disability were evaluated, with the right ear disability receiving a noncompensable evaluation and the lumbar spine disability receiving a 10 percent evaluation as of May 12, 2007.

The Veteran's claim for service connection for bilateral hearing loss was denied as there is no current diagnosis of the condition. The claims for other conditions were not addressed due to lack of development.

The Board has determined that the Veteran's claimed knee, wrist, shoulder, neck, and lower back disabilities are not related to service. The evidence does not support a finding of in-service injury or disease.

The Veteran's service-connected lumbosacral strain was rated at 20 percent from February 2, 2005, and a 10 percent rating was assigned from June 22, 2005. The Board denied the claim for higher ratings.

The Board found that the Veteran's lumbar and thoracic spine disabilities are proximately due to and the result of his service-connected right ankle disability.

The Board is remanding the case to obtain additional VA treatment records and to adjudicate whether there was clear and unmistakable error in a previous rating decision denying service connection for a low back disability. The new and material claim will be held in abeyance until this issue is resolved.

The appellant withdrew her appeal for service connection for narcolepsy, to include as secondary to a service-connected lower back disability. The TDIU claim remains pending.

The Board has determined that additional examinations are necessary to determine the nature and etiology of the Veteran's claimed conditions, as well as to assess the current severity of her hypertension.

The Veteran's appeal is being remanded for additional development, including issuance of a Supplemental Statement of the Case (SSOC) and an updated VA examination.

The Board denied service connection for a low back disorder as secondary to the Veteran's service-connected left knee disability in January 2003. The claim was reopened, but still denied on the merits due to lack of evidence establishing a relationship between the current low back disorder and service.

The Veteran's claims of service connection for right shoulder injury, headaches, and spinal injury were denied. The initial evaluations for the right wrist fracture and cervical degenerative disc disease remain at 10 percent.

The Board has granted service connection for a lumbar spine disability and tinnitus, but denied service connection for bilateral hearing loss due to lack of evidence showing it was incurred in or aggravated by service.

The Board has remanded the Veteran's claims for additional development due to outstanding medical records and the need to obtain new evidence.

The Board found no credible evidence of a low back injury during service, and thus denied the Veteran's claim for service connection.

The Veteran's claims for service connection were denied. The Board found that new and material evidence had not been submitted to reopen the left knee disability claim, and that there was no evidence of a current low back or hearing loss disability. Tinnitus and PTSD were also denied.

The Veteran's claim for an increased rating for his service-connected status-post lumbar laminectomy was denied, with the RO granting a 50 percent disability rating effective March 9, 2006. The appeal is on whether this rating should have been granted earlier.

The Veteran's skin rash was not incurred in or aggravated by service.,The Veteran's left knee injury was not incurred in or aggravated by service.

The Board has remanded the case due to inadequate medical opinion and missing post-service treatment records. The Veteran's low back disorder is being reviewed again with new evidence.

The Veteran's PTSD has been granted an initial evaluation of 70 percent, and service connection for a low back disorder is also granted. The low back disorder was not incurred in or aggravated by service.