Back / lumbar spine decisions — 2009

The Veteran's claim for an increased disability rating for his service-connected low back disorder was denied by the Board. The current assigned rating of 40 percent is maintained.

The Veteran seeks an earlier effective date for a 40 percent evaluation for low back strain with degenerative disc disease, but the Board finds that the earliest effective date is October 9, 1995.

The Veteran's claim for increased ratings for his service-connected degenerative joint disease of the lumbar spine, radiculopathy of the right lower extremity, and radiculopathy of the left lower extremity was granted. He is now rated at 40 percent for each condition.

The Board denied service connection for the Veteran's claimed eye disability, right elbow condition, left elbow condition, right shoulder condition, left shoulder condition, left knee condition, right knee condition, chronic neck condition, and chronic back condition as not well grounded. The appeal is addressed in the REMAND portion of the decision.

The Veteran's claim for service connection for degenerative joint disease of the lumbar spine is being remanded due to a loss of his claims file, including service treatment records. Additional attempts will be made to locate and obtain these records.

The Veteran's claims for increased ratings for lumbar strain and cervical strain with spondylosis at C4-5 were denied. The RO assigned a 40 percent evaluation for the lumbar strain effective from October 13, 2004.

The Board found that the Veteran's current thoracic spine and low back disorder was not incurred during active service, and his sinusitis was not shown to be related to service. The appeal for inguinal adenitis has been withdrawn.

The Veteran's claims for service connection for right arm disability, left wrist disability, neck disability, and low back strain prior to February 13, 2008 are all denied. The Veteran was granted a compensable rating (10%) for her left index finger distal interphalangeal joint tendon disruption.

The Veteran's claim for service connection for a lower back disability is being remanded due to insufficient evidence and the need for further examination. The issue will be adjudicated under the theory of direct service connection.

The Veteran's service-connected lumbosacral strain with degenerative disc disease is currently rated at 10 percent, effective January 29, 2005. The appeal for a higher initial rating has been denied.

The Veteran's claimed left knee and back disorders are not service-connected as they are not shown to be related to his active duty service.

The Board has denied service connection for a left knee disability, residuals of a back injury, misalignment of the right ureter, and hypertension. Service connection was granted for residuals of a burn of the right arm.

The Board has remanded the case due to missing VA treatment records from St. Petersburg VA Medical Center for treatment from January 1986 to present.

The Veteran's service-connected conditions do not meet the criteria for SMC based on need for aid and attendance or housebound status since June 23, 2008.

The Board has remanded the case for further development due to a request for a personal hearing and other procedural issues.

The Board denied the Veteran's claims for service connection for degenerative joint disease and degenerative disc disease of the lumbar spine, as well as radiculopathy of the lower extremities. The evidence did not establish a nexus between these conditions and active service.

The Board has remanded the case for additional development, including obtaining workmen's compensation records and determining all periods of Active Duty for Training (ACDUTRA) and Inactive Duty for Training (INACDUTRA).

The Board denied the Veteran's claim for service connection for a back disability, finding that new and material evidence had not been submitted. The decision is final because the Veteran did not appeal the November 2001 denial.

The Board denied a rating in excess of 50 percent for the Veteran's service-connected lumbosacral strain with chronic myositis, finding that his disability did not meet the criteria for an increased evaluation.

The Veteran's claims for reopening service connection for bilateral hearing loss, bilateral knee disability, lower back disability, and cervical spine disability are being remanded due to procedural issues.