Back / lumbar spine decisions — 2012

The Veteran's service-connected low back syndrome with L5-S1 spondylolisthesis prior to May 30, 2007 did not meet the criteria for a rating in excess of 10 percent.

The Veteran's appeal is being remanded for additional development to address the combined effects of all his service-connected disabilities on his employability.

The Board found new and material evidence to reopen the claim for service connection for a lumbar spine disability, but did not find it sufficient to grant service connection.

The Veteran's bilateral hearing loss and tinnitus are found to be causally related to his military service. The lumbar spine disability is not considered incurred in or aggravated by active service.

The Board denied the Veteran's claims for reopening service connection for neck and low back disorders, as well as his request to restore a 40 percent disability rating for right shoulder separation (dominant) disability. The appeals were all denied due to lack of new and material evidence.

The Veteran's flat feet and low back disability may be related to service, but a remand is needed for additional development including obtaining medical opinions on the nature of these conditions and their relationship to service.

The Board found that the Veteran's currently diagnosed back disability is not related to his period of active service and denied his claim for service connection.

The Veteran's appeal was denied as his service-connected back disability did not meet the criteria for an evaluation in excess of 60 percent, and he failed to establish new evidence sufficient to reopen claims for secondary service connection.

The Board found that the Veteran's lumbar spine disorder did not meet the criteria for service connection as there was no continuous symptomatology since service separation and the evidence does not support a finding of chronicity in service.

The Veteran's appeal is remanded for additional development, including new examinations and a TDIU determination.

The Veteran's sinusitis is presumed to be related to his military service, while the neck disability is also considered to be related to his military service.,A rating in excess of 20 percent for the low back disorder was denied.

The Board has granted service connection for a low back disability and an initial rating of 100 percent for PTSD, effective since the date of death (January 23, 2008).

The Veteran's claims for increased ratings for his service-connected lumbar spine arthritis and conversion disorder were denied by the Board. The appeals are currently pending.

The Veteran's lumbar strain was initially rated at 10 percent prior to August 29, 2007 and has been rated as 10 percent since that date. The rating is based on the presence of localized tenderness without any additional functional loss or abnormal gait/spinal contour.

The Board found that the Veteran's current low back disability is not related to his service, as there was no credible evidence of continuous pain since service and the earliest diagnosis was in 2005.

The Board has remanded the case to the RO/AMC for further action due to a need for additional examinations and consideration of new evidence. The Veteran's claims for increased ratings for his service-connected right knee disorder and lower back disability are now pending.

The Board denied the Veteran's claims for a higher rating for his lumbar spine disability and service connection for bilateral hearing loss.

The Board has determined that the Veteran's cervical spine and bilateral knee/leg disabilities are not related to service, as there is no evidence of such conditions during or immediately following his military service.

The Veteran's service-connected low back disability is currently rated at 40 percent, but the Board finds that his symptoms do not warrant an evaluation in excess of this rating.

The Veteran's service-connected low back disability was initially evaluated at a 20 percent rating prior to February 20, 2009. Beginning on February 20, 2009, the Veteran is now rated at 40 percent for his service-connected low back disability.