Back / lumbar spine decisions — 2011

The Board found that the appellant's low back disability and Hepatitis C were not incurred or aggravated during service, and thus denied both claims.

The Veteran's appeal is being remanded for further development, including obtaining SSA records and a VA examination to assess the severity of his degenerative joint and disc disease of the lumbar spine. The TDIU claim will be held in abeyance pending completion of these actions.

The Veteran's low back disability, cervical spine arthritis, hypertrophy of the right lower rib cage, and post-surgical repair of the nasopharyngeal passage are all service-connected. The RO granted service connection for these conditions but assigned a non-compensable rating to each.

The Veteran's appeal is being remanded to the RO for additional development of his claims, including obtaining SSA records and scheduling VA examinations.

The Veteran's claims for increased ratings for his service-connected cervical and thoracolumbar spine disabilities were denied as the evidence did not show that the conditions warranted higher evaluations.

The Veteran's cervical spine degenerative disc disease was rated at 30 percent effective August 26, 2009. The condition met the criteria for a higher rating based on pain during movement.

The Board has determined that the Veteran's service-connected disabilities, when combined, meet the criteria for a TDIU. The evidence is at least in equipoise as to whether the Veteran is unable to secure or follow a substantially gainful occupation due to his service-connected conditions.

The Veteran's service-connected low back disability was increased to a 40 percent rating effective August 17, 2007.

The Veteran's claims for service connection of various disabilities are being remanded due to the need to verify his periods of active duty and inactive duty training, as well as to schedule VA examinations for bilateral hearing loss and carpal tunnel syndrome.

The Veteran's service-connected lumbar spine disability is currently rated at 20 percent, effective November 19, 2008. The appeal involves the propriety of this initial rating.

The Veteran's tinnitus is found to be due to service exposure to noise, and the claim for service connection is granted. The claim for increased rating of his lumbar spine disability remains pending.

The Veteran's appeal is being remanded for additional examinations and further review of his claims.

The Board has determined that new and material evidence sufficient to reopen the previously denied claim for service connection for a low back disability has been received. The de novo issue of entitlement to service connection for a low back disability is being remanded to the RO.

The Board has granted service connection and a 40 percent rating for degenerative joint disease (DJD) of the lumbar spine effective October 24, 2006. The Veteran's claim for an earlier effective date is addressed in the remand portion.

The Board denied the appellant's claim for service connection for back disability, finding that there was no evidence linking her current back condition to an in-service injury.

The Veteran's current chronic low back disability was not incurred in or aggravated by active military service and arthritis may not be presumed to be.

The Board has granted service connection for lumbar spine TJD and DDD, but denied the claims for left shoulder arthritis, cervical spine disability, and diabetes mellitus secondary to PTSD.

The Board has remanded the case to the RO for additional development and consideration of the Veteran's claim for service connection for a chronic low back disability, with residuals of lumbar laminectomy.

The Veteran's low back disorder was incurred in, or caused by, his military service and the Board has granted service connection for this condition.

The Veteran's lumbosacral strain with degenerative arthritis and degenerative disc disease was rated at 20 percent prior to November 14, 2003. From that date forward, the criteria for a higher evaluation were not met. The ratings for radiculopathy of the left and right lower extremities did not meet the criteria for an initial rating greater than 10 percent.