Back / lumbar spine decisions — 2009

The Board has remanded the case for additional development due to conflicting medical opinions regarding the etiology of the Veteran's low back and right foot disorders. The issues of service connection for these conditions are being reviewed.

The Board has decided that further development is required before the case can be adjudicated, and a hearing is scheduled for the Veteran to provide testimony.

The Veteran's claim for an increased rating for a low back disorder was denied, as the evidence did not show that his disability warranted a higher rating. The claim for TDIU was also denied due to the combined effect of his service-connected disabilities.

The Board denied service connection for a back disability, finding no evidence of a current disability related to service or secondary to the Veteran's service-connected right knee degenerative joint disease. The claim for increased ratings and initial rating for depressive disorder NOS associated with right knee degenerative joint disease were also denied.

The Veteran's low back disability, including radiculopathy of the right lower extremity, does not warrant a rating higher than 10 percent.

The Veteran's claims for earlier effective dates have been dismissed as the April 2004 submissions were not timely notices of disagreement to the January 2002 rating decisions.

The Veteran's appeal of his claims for service connection for a low back disability and right shoulder disability has been dismissed due to the withdrawal of his request for a hearing.

The Board found that the Veteran's current back disability is not related to his military service and denied his claim.

The Veteran's service-connected mechanical low back pain with left-sided sciatica was initially rated at 10 percent, and the Board has determined that a higher initial rating of 20 percent is warranted from July 15 to September 16, 2004. Since then, the disability has not met the criteria for an evaluation in excess of 10 percent.

The VA determined that the appellant's back disorder is not related to his military service and denied his claim for service connection.

The Board has ordered a new VA examination to determine if the Veteran's current back disability is related to his service, including any injury he sustained while in Southwest Asia.

The Veteran's lumbar spine disability is currently rated at 20 percent, but the Board finds that it does not meet the criteria for a higher rating based on the current evidence of record.

The Board found that the Veteran's cervical and lumbar spine disabilities were not incurred in or aggravated by active service, including due to herbicide exposure. As such, service connection was denied.

The Board found no evidence of a low back disability, jaw injury residuals, or hypertension that were incurred in service. The Veteran's current conditions are not related to his military service.

The Board has determined that the Veteran's low back and left foot disorders are not service-connected, as there is no evidence of a nexus between these conditions and his military service.

The Veteran's claim for an increased rating for recurrent lumbosacral strain was granted, with a 20% disability rating effective July 16, 2002.

The Veteran's low back strain is rated at 10 percent, and his right knee disabilities are rated as follows: prior to October 7, 2003 - 10 percent; from October 7, 2003 to February 16, 2006 - 10 percent for extension limitation and 20 percent for flexion limitation; after February 16, 2006 - 30 percent for total right knee arthroplasty. The Veteran's service connection claim is granted.

The Board found that the Veteran's lumbar spine and right knee disorders were not incurred in or aggravated by active duty service.

The Veteran's claim for an increased rating for tinnitus was denied, and his claim to reopen a low back disability service connection claim was also denied. The Board found new evidence submitted since the last final decision that could potentially relate his current condition to his military service.

The Veteran's appeal is being remanded for additional development, including scheduling VA examinations and obtaining medical records.