Back / lumbar spine decisions — 2009

The Board denied the Veteran's claims for a higher disability rating for his left knee condition and service connection for an upper back disorder.

The Board has determined that the Veteran's claimed disabilities are not related to his military service and have denied all claims for service connection.

The Veteran's service-connected disabilities do not meet the criteria for a TDIU as they are less than 100 percent disabling. However, his unemployability is due to his service-connected lumbar spine disability.

The Veteran's right knee disability is currently rated as 30 percent disabling, effective April 28, 2003. The Veteran's lumbar spine disability was initially granted and assigned a 10 percent evaluation from April 28, 2003.,From September 26, 2003 to April 28, 2009, the Veteran is entitled to an increased rating of 20 percent for his lumbar spine disability. From April 29, 2009 onwards, he is entitled to a staged increase in evaluation to 40 percent.,The Veteran's right knee disability remains at 30 percent disabling from April 28, 2003. The Veteran's lumbar spine disability was increased to 40 percent effective April 29, 2009.

The Board denied the Veteran's claims for increased ratings for hiatal hernia, postoperative residuals of cervical fusion, degenerative arthritis of the lumbar spine, and hemorrhoids. The evidence did not support a higher rating under any applicable diagnostic codes.

The Board of Veterans' Appeals has determined that the Veteran's low back disorder is not related to service and therefore denied his claim for service connection.

The Veteran's claims for service connection and initial evaluation of his right knee disability, bilateral hearing loss, and respiratory disorder are being remanded due to the need for additional examinations.

The Veteran's claims for increased evaluations for left ankle sprain and lumbar strain were denied by the RO.

The Board has determined that the Veteran's claimed disabilities, including residuals of fracture of left arm (excluding service-connected left elbow), right knee disability, residuals of injury to left fingers and hand, upper back disability, residuals of right hip fracture, and left shoulder disability, were not incurred in or aggravated by his active duty service.

The Veteran's claims for service connection for traumatic arthritis in unspecified joints, other than left foot and hips, residuals of fracture of the left foot, and degenerative joint disease of the lumbar spine prior to February 5, 2007 were denied. The claim for a rating in excess of 40 percent for degenerative joint disease of the lumbar spine from February 5, 2007 onwards was also denied.

The Board denied the Veteran's claims of entitlement to service connection for a chronic low back disorder and cervical spine disorder, finding that new and material evidence was not provided to reopen his previously denied claim. The Board also determined that there was no evidence linking the current disorders to service or any service-connected conditions.

The Board denied the Veteran's claims of service connection for a back disability and hip disability, finding that new evidence did not raise a reasonable possibility of substantiating her claims. The Board also found that her current back disability is not related to service.

The Board has determined that a VA examination is needed to determine if the Veteran's current back and neck disabilities are related to his service, specifically the in-service injuries.

The Veteran's low back disorder, left hip arthritis (status post total hip replacement), and right hip arthritis (status post total hip replacement) have been granted service connection.,Service connection for degenerative joint disease of the right shoulder has not been established.

The Veteran's claims for service connection and increased ratings are being remanded due to the need for a DRO hearing, clarification of medical information regarding Meniere's disease, and further development.

The Board denied the Veteran's claim for an effective date earlier than September 1, 2004, for the grant of service connection for degenerative disc disease due to his failure to report for a necessary orthopedic examination within one year.

The Veteran's lumbosacral strain with L4 degenerative disc disease is manifested by limitation of flexion, no neurologic abnormalities, and no prescribed periods of bed rest. The criteria for assignment of an initial rating in excess of 20 percent have not been met.

The Board denied the appellant's claims for service connection for a back disability and a bilateral hand disability, finding that there was no competent evidence of such disabilities during active duty or training.

The Veteran's claim for an earlier effective date for service connection of a cervical spine disability was denied as there is no evidence of an unadjudicated formal or informal claim prior to December 19, 2003.

The Veteran's claim for service connection for presbyopia was denied. The claims for PTSD, an acquired psychiatric disorder (other than PTSD), tinnitus, residuals of a left foot injury, degenerative joint disease of the lumbar spine, and a condition of the eyes (other than presbyopia) are pending.