Back / lumbar spine decisions — 2009

The Veteran's initial disability ratings for his thoracolumbar spine and cervical spine disabilities were increased, with the thoracolumbar spine rating being increased to 40 percent effective August 10, 2004.

The Veteran's appeal is being remanded for additional development, including obtaining private medical records and arranging for VA examinations to assess the nature and severity of her service-connected left arm disability and whether her low back disability is related to her service-connected condition.

The Board found that the Veteran's current lumbar and cervical spine disorders were not incurred in or aggravated by active military service.

The Board has remanded the case for additional development, including obtaining VA treatment records and providing an addendum to the examiner's opinion regarding the Veteran's back disability.

The Board has determined that the Veteran's hypertension, right knee disability, and low back disability were not incurred or aggravated during active service.

The Board has determined that new and material evidence has been received to reopen the claim of entitlement to service connection for a back condition. The claim will now be reviewed on its merits.

The Veteran's claim for a higher rating for his thoracolumbar spine disability was denied. Prior to February 2009, the disability was rated at 10%. Since then, it has been rated at 40%.

The Board denied the Veteran's claim for an extension of eligibility for vocational rehabilitation training under Chapter 31, Title 38, United States Code due to a lack of evidence showing medical infeasibility or serious employment handicap during his period of basic eligibility.

The Board found that the Veteran's current back disorder was not incurred in or aggravated by service and is not related to any incident of service origin.

The Veteran's claims for service connection were denied as there was insufficient evidence to verify his claimed in-service stressors, and the Board found that he did not engage in combat with the enemy. The lower extremity conditions are considered direct service connection cases.

The Veteran's back disability, characterized by back sprain, degenerative joint disease (DJD), and degenerative disc disease (DDD) with muscle imbalance in the pelvic girdle, was evaluated at a 20% rating prior to February 5, 2009. After February 5, 2009, the Veteran's disability warranted an increased evaluation to 40%. The current 40% rating is effective from February 5, 2009.

The Board has granted a rating of 40 percent for the Veteran's low back disorder with degenerative disc disease at L5-S1 and radiculopathy, effective from April 26, 2008. The Veteran is not entitled to a TDIU as his service-connected disability does not preclude substantially gainful employment.

The Board has granted the Veteran's claim of entitlement to service connection for a low back disorder, finding that new and material evidence had been submitted. The issue of whether new and material evidence was received to reopen the claim is still pending.

The Board has determined that the Veteran's hypertension, diverticulitis-colon hemorrhage (claimed as a lower abdominal condition), low back disorder, and psychiatric disorder did not manifest during or as a result of his military service. As such, service connection is denied for these conditions.

The Board has decided to remand the Veteran's claim for further development due to inadequate examination and incomplete medical records.

The Board has determined that additional development is needed to address the merits of the Veteran's claims for service connection for neck and back disabilities, including consideration of his in-service injuries and post-service treatment.

The Veteran's claim for service connection for a low back condition and increased rating for early degenerative changes of the left knee was denied. The decision is based on the current disability ratings assigned.

The Veteran's claims for increased ratings for his service-connected low back disability, right thumb amputation, tinnitus, bilateral hearing loss, and right inguinal hernia were denied. The appeal is not about service connection at all.

The Veteran's service-connected traumatic arthritis of the lumbar spine with spondylosis and spondylolisthesis has been rated at 20 percent since December 19, 2005. The current evaluation is maintained as there is no evidence of ankylosis or significant radiculopathy.

The Veteran's initial claim for a higher rating for his thoracic and lumbar spine disability was granted, with an initial 20 percent rating effective June 18, 2005. The current range of motion findings do not meet the criteria for a higher rating.