Back / lumbar spine decisions — 2009

The Veteran's back disorder is not related to his military service and was first manifested many years after service.

The Board has remanded the case for additional development due to incomplete records and need for an addendum opinion.

The Veteran's service-connected lumbar spine disability was rated at zero percent from February 1, 2005, to January 15, 2009. Since then, the rating has been increased to 20 percent effective January 15, 2009.

The Board has ordered the VA to search for and reconstruct the Veteran's claims file, including obtaining any missing records from December 2001 to the present. The Veteran is also asked to provide copies of any relevant documents he may have.

The Veteran's claim for an increased evaluation for his service-connected low back strain is being remanded due to the need for a new VA examination.

The Board has remanded the case for additional development, including obtaining medical records and arranging for VA examinations to address the Veteran's claims for service connection of depression, multi-level degenerative changes, and erectile dysfunction.

The Veteran's back disability is currently rated at 40 percent from January 30, 2008. The appeal for a higher rating prior to that date has been denied.

The Board has determined that the Veteran does not have a gastrointestinal disorder, cervical and thoracolumbar spine condition, or lumbar spine disorder that is related to his service-connected residuals of a through and through gunshot wound. As such, these claims are denied.

The Veteran's residuals of a low back injury with lumbosacral strain and T-5 fracture are currently rated at 40 percent, which fully satisfies the Veteran's appeal for an increased rating.

The Board has determined that the Veteran's spinal impairment is not related to his active military service and therefore denied the claim for service connection.

The Veteran's lumbosacral strain is not manifested by forward flexion of the thoracolumbar spine to 30 degrees or less, and there is no evidence of favorable ankylosis. Therefore, his claim for a higher initial disability rating is denied.

The Veteran's claim for a TDIU is being remanded due to the need for further development, including a new VA examination and consideration of whether referral for extra-schedular consideration is warranted.

The Board denied the Veteran's claims of service connection for various conditions, including Entamoeba coli infection and stomach pain and nausea, eczema (claimed as a skin rash), osteoarthritis and/or fibrositis and radiculopathy of the cervical and lumbar spine, and fatigue. The appeals were based on an undiagnosed illness related to service in the Persian Gulf War.

The Veteran's DJD of the lumbar spine at L3-L4 and L5-S1 with herniated nucleus pulposus is currently rated as 10 percent disabling, which is the maximum schedular rating available for this condition. The Board found that his disability does not meet or approximate criteria warranting a higher evaluation.

The Board has determined that the Veteran's current low back disability is not related to his service, including as due to injury therein. Service connection for a low back disability is denied.

The Veteran's claim for an increased rating for his lumbar degenerative disc disease and associated radiculitis is being remanded due to the need for additional medical records and a possible VA examination.

The Veteran's claims for service connection for a low back disability, schizoaffective disorder, colon disability, eye disability, and lung disability have all been denied. The denial of the low back disability claim is final. The new evidence submitted does not provide sufficient material to reopen the claim. The diagnoses of schizoaffective disorder, colon disability, eye disability, and lung disability were first made many years after service and are not related to a disease or injury during active service.

The Board found that the veteran's current back disorder was not incurred or aggravated by service and denied his claim for service connection.

The Veteran's back condition, diagnosed as lumbosacral strain, is currently rated at 40 percent and the evidence does not support a higher rating.

The Board finds that the Veteran's low back disability is related to service, while his right knee disability is not shown to be directly related to service.