Back / lumbar spine Board decisions

The Board found no evidence linking the veteran's current low back disorder to service, and thus denied his claim for service connection.

The Board found that the appellant's service-connected bilateral hearing loss is currently manifested by average puretone decibel loss of 81 in the right ear with 82 percent speech discrimination, and average puretone decibel loss of 80 in the left ear with 86 percent speech discrimination on VA audiological examination. The Board denied an increased rating for this disability as it is currently evaluated at 40 percent disabling.

The Board found that the veteran's postoperative herniated nucleus pulposus with chronic low back strain and hypertrophic degenerative changes did not meet the criteria for a higher disability rating than 40 percent.

The Board has determined that the veteran's low back disability does not warrant a rating in excess of 20 percent prior to November 1, 2000, and no current compensable rating is warranted.

The veteran's claim for an earlier effective date for TDIU was denied as the evidence did not warrant a grant of service connection for depression prior to October 30, 1998.

The Board denied the veteran's claims for service connection for low back pain and an initial evaluation in excess of 20 percent for right shoulder disability, finding no medical diagnosis or underlying condition to support these claims.

The veteran's diagnosed otitis externa, chronic obstructive pulmonary disease, gastroesophageal reflux disease, and degenerative disc disease and degenerative joint disease of the lumbar spine do not represent 'undiagnosed illnesses' for purposes of entitlement to disability compensation based on active service in the Southwest Asia theater of operations during the Persian Gulf War.

The Board has determined that the veteran's residuals of a compression fracture of the lumbar spine at L1 warrant an increased rating to 30 percent, resolving reasonable doubt in favor of the veteran.

The Board has determined that new and material evidence has not been presented to reopen the veteran's claim for service connection for a back disorder. The decision is mixed as some issues are granted while others are denied.

The veteran's service-connected low back pain with moderate narrowing and degenerative spurs is rated at 20 percent, which represents the maximum schedular rating available under applicable criteria.

The Board denied an initial rating in excess of 20 percent for the veteran's service-connected lumbar spine disability, finding that the evidence did not meet the criteria for a higher rating.

The Board has determined that new and material evidence has not been submitted to reopen the claim for service connection for a back disability. The case is remanded for further review under the Hodge standard.

The Board has remanded the case for additional development due to incomplete records and changes in the law regarding assistance to veterans.

The Board has determined that the veteran's low back strain is proximately due to or the result of his service-connected right knee disorder, and thus grants service connection for this condition.

The Board has determined that the veteran's claimed chronic cervical spine disability and bilateral hand numbness were not incurred or aggravated by active military service. The evidence does not support a finding of service connection for these conditions.

The Board has reviewed the veteran's claims for service connection for PTSD, sleep apnea, and a back condition. The RO denied these claims in their initial rating decisions. The appeal is now before the Board.

The veteran's claim for an increased evaluation for his service-connected lumbosacral strain is being remanded due to the need for further medical examination and development of records.

The Board found that the veteran does not have a chronic low back disorder, sinusitis, or chronic respiratory disorder related to service. The claims for these conditions were denied.

The Board has remanded the case for further development and readjudication, including scheduling a hearing for the veteran and ensuring compliance with new notice and development provisions of the Veterans Claims Assistance Act of 2000.

The Board found no evidence of a chronic low back disorder during service and concluded that the veteran's gastrointestinal disability did not clearly and unmistakably preexist service. The Board denied both issues on appeal.