Back / lumbar spine decisions — 2009

The Veteran's cervical right trapezius strain was rated at 10 percent prior to April 5, 2008 and increased to 20 percent beginning on that date.,For the period of time beginning April 5, 2008, the Veteran's cervical right trapezius strain is rated at 20 percent.

The Veteran's appeal is being remanded for further examination and to obtain additional medical records. The case will be returned to the Board after this.

The Veteran seeks an initial rating greater than 20 percent for his service-connected degenerative disc disease of the lumbar spine. The case is REMANDED to obtain updated VA and private treatment records, SSA records, and a VA examination.

The VA denied the Veteran's claim for service connection as his upper back disorder with bilateral hand numbness was found to have existed prior to service and not aggravated by service. Arthritis is also presumed not to have been incurred in or aggravated by service.

The Veteran seeks service connection for joint disabilities, including as secondary to his service-connected heart condition. The Board finds that a new VA examination is necessary to determine the nature and etiology of any current knee, shoulder, hip, and/or back disability.

The Board denied the Veteran's claims for service connection for lumbosacral arthritis, bilateral hip arthritis, and osteoporosis of the back. The claim for an evaluation in excess of 20 percent for limitation of motion of the left knee with osteoarthritic changes was also denied.

The Veteran's claim for an increased rating for low back pain with radiculopathy was denied, and his TDIU claim was not addressed due to the lack of documentation.

The Board has remanded the case for a new VA examination to determine if the Veteran's current low back disorder, including intervertebral disc syndrome, had its onset during service or was otherwise caused by any incident that occurred during service. The examiner should also express an opinion as to whether it is at least as likely as not that the Veteran's current low back disorder, including intervertebral disc syndrome, was either caused, or aggravated (i.e., a permanent worsening of the underlying pathology), by his service-connected cervical spine disability.

The Board has remanded the claims for additional development due to incomplete verification of service dates and missing STRs.

The Veteran's appeal has been withdrawn prior to the Board issuing a decision.

The Veteran's appeal regarding a higher disability rating for service-connected neurodermatitis, bilateral legs was dismissed because he did not file a timely substantive appeal.

The Board found that the Veteran's degenerative disc disease of the lumbar spine was not incurred in or aggravated by service, nor is it proximately due to his service-connected lumbosacral strain.

The Board has remanded the case for further development, including obtaining clarification of the VA examiner's opinions and providing the Veteran with VCAA notice.

The Board denied service connection for cervical and lumbar spine degenerative disc disease as the evidence did not show a current disability or link to service.

The Veteran's appeal for increased ratings for his lumbar spine and right femur disabilities was denied. The Board found that the current rating of 30 percent for the right femur disability adequately reflected the severity of the condition.

The Board has denied the reduction of compensation benefits due to incarceration for a felony conviction and termination of benefits due to status as fugitive felon. The case is REMANDED for further action regarding the reduction of benefits due to current incarceration.

The Veteran's lumbar strain disability was evaluated at 10 percent prior to February 14, 2008. The RO granted service connection for hypertension as secondary to his service-connected disabilities and assigned a separate rating of 30 percent for limitation of extension of the left knee effective February 14, 2008.

The Veteran's claimed disabilities are not presumed to have been incurred in service due to exposure to ionizing radiation. The Board finds that the evidence does not support a finding of service connection for any of these conditions.

The Veteran's appeal for an increased rating in excess of 20 percent for his service-connected lumbosacral strain has been dismissed due to the death of the appellant.

The Board has determined that the Veteran's low back and bilateral knee disabilities are related to service, granting her claims for these conditions.