Back / lumbar spine decisions — 2009

The Board has granted service connection for a chronic lumbar spine disorder, finding that the evidence is in equipoise as to whether it had its onset during active service. The psychiatric disorder claim is remanded.

The Veteran's degenerative disc disease of the lumbar spine has been characterized by pain and limited range of motion, but does not meet the criteria for a higher initial rating.

The Board denied the Veteran's claim to reopen his previously denied service connection for a back disorder, finding that no new and material evidence had been received.

The Board found that the Veteran's low back disability was not incurred in service and denied his claim for service connection.

The Board has denied the Veteran's claims for service connection for psychiatric disorder, low back disorder, bilateral eye disorder, and TMJ disorder. The claim for service connection for migraine headaches as secondary to a bilateral eye and/or TMJ disorders is moot due to denial of other related conditions.

The Board has ordered the VA to conduct further examinations and review of evidence in order to determine appropriate evaluations for DDD, service connection for depression secondary to DDD, and TDIU. The case is being remanded due to inconsistencies in previous examination reports.

The Veteran's lumbar spine disorder, including degenerative disc disease and radiculopathy, warrants a 40 percent rating effective September 23, 2002. The claim for TDIU was not addressed in this decision.

The Veteran's claims for service connection and increased ratings were denied. The Board found that the evidence did not support a finding of direct service connection for osteoporosis of the left knee, PTSD, or epidermophytosis. For the low back disability, the rating was within the applicable range. The right arm burns and mandibular condyle fracture had no compensable ratings as they were asymptomatic.

The Veteran's lumbosacral strain with degenerative disc disease was rated at 20 percent from March 5, 2003 through January 21, 2009. Since January 21, 2009, the rating has been increased to 40 percent.

The Veteran's low back disability was previously rated at 20 percent and increased to 40 percent effective November 20, 2008.

The Board found that the Veteran's low back disability was not incurred in or aggravated by service and is not proximately due to or the result of a service-connected disability.

The Board denied the Veteran's increased rating claim for status-post healed fracture of left pubis and ischium, finding that his disability does not meet the criteria for a compensable evaluation.

The Veteran's claims for service connection for a back disorder and cervical disc disease have been reopened. The claim of service connection for major depressive disorder remains granted. A compensable rating for scars of the right shoulder is denied.

The Board found that the Veteran's current lumbosacral disability, including spondylolisthesis and DJD of the lumbar spine, did not have its onset in service or within one year thereafter and has not been etiologically linked to his service. Therefore, service connection for these conditions was denied.

The Veteran's appeal is being remanded for additional development, including the need to provide his representative with an opportunity to review the case and submit a VA Form 646.

The Board has remanded the case for additional development due to issues related to service connection and rating of conditions allegedly secondary to exposure to warfare chemicals, as well as reopening a previously denied claim.

The Board has determined that the Veteran's current degenerative joint disease and degenerative disc disease of the lumbar spine is related to injuries sustained during active duty service, thus granting his claim for service connection.

The Veteran's claim for a higher rating for DDD, L3-L4-L5-S1 was granted. His claim for an increased rating for depression associated with his service-connected DDD was also granted.

The Board has granted service connection for lumbar spondylosis and spinal stenosis, right lower extremity radiculopathy with sciatica and paresthesias, and left lower extremity radiculopathy with sciatica and paresthesias. The Veteran's initial ratings have been set at 40% each since May 2004.

The Veteran's service-connected low back disability was increased to a 40 percent rating effective February 24, 2009. The previous higher ratings were not granted.