Back / lumbar spine decisions — 2009

The Veteran's service-connected lumbar spine disability is currently rated at 20 percent, and his cervical spine disability remains at a 10 percent rating. The Board found that the Veteran's lumbar spine disability warranted a higher rating based on limitation of motion.

The Board has granted service connection for migraine headaches and mechanical upper back disability, finding that the Veteran's conditions are related to their active duty service.

The Board has decided to remand the case for further development and consideration of service connection for a low back disability.

The Board has determined that the evidence submitted by the Veteran since the September 1946 RO denial does not constitute new and material evidence, and therefore, the appeal is denied.

The Veteran's claim for a higher rating for his service-connected low back disorder was denied. The Board found that the evidence did not support an evaluation in excess of 40 percent, as there were no findings of incapacitating episodes or ankylosis.

The Veteran's claims for effective dates and increased rating have been granted. Effective August 16, 1996, the Veteran was granted service connection for degenerative joint disease of the lumbosacral spine with an initial rating of 20 percent. The claim for COPD has a retroactive effective date of August 1, 1994.

The Board has remanded the case for further development, including a VA examination to determine if the Veteran's current back disabilities are related to service and whether any pre-existed service.

The Board has determined that additional examinations and records are needed to properly adjudicate the appellant's claims for service connection.

The Board has remanded the Veteran's claims for further development, including a medical opinion by a VA orthopedic specialist regarding his service-connected left knee and right hip disabilities. The claims will be adjudicated again once this development is completed.

The Veteran's claimed back disability, characterized as a surgically induced ankylosis of the lumbar spine from L4 to the sacrum, status post herniated nucleus pulposus with radiculopathy and retained hardware, was not incurred in or aggravated by service. The claim is denied.

The Veteran's lumbosacral strain is currently rated at 20 percent disabling, effective April 18, 2001. The Board finds that the criteria for a higher rating are not met.

The Veteran's claim for an increased rating for his service-connected degenerative disc disease of the lumbar spine with limited range of motion was granted, but he is still not receiving a combined evaluation greater than 40 percent.

The Veteran's service-connected low back degenerative disc disease is currently rated at 10 percent, and the Board has determined that a higher rating of 20 percent is warranted based on his current range of motion.

The VA denied service connection for a back disability, including degenerative changes of the thoracic and lumbar spine, finding that there was no evidence linking any current condition to his military service.

The Board has determined that the Veteran's claims for service connection are denied as his accounts of events during service and onset of disabilities are not credible, and there is no evidence to support a finding of in-service injury or disease.

The Board has determined that the Veteran's DDD of the lumbar spine is secondary to his service-connected residuals of shell fragment wound to the left thigh. The right leg disability, including DJD of the right knee, was not found to be related to service or any service-connected condition.

The Board denied the Veteran's claims for increased ratings for his left knee strain, right knee traumatic arthritis, and lumbar strain. The Veteran was not granted any higher initial or staged ratings.

The Veteran's claim for service connection of his back disability is being remanded due to the need for a VA examination and medical opinion.

The Veteran's claims for increased ratings for a low back disability and radiculopathy of the left lower extremity, as well as his claim for service connection for a left knee disability secondary to his low back disability, are being remanded due to the need for additional development.

The Board has denied the Veteran's claims for service connection for bilateral hearing loss and a low back disorder, finding that new and material evidence was not received to reopen the claim for bilateral hearing loss and concluding that there is no medical correlation between the Veteran's low back disability and his military service.