Back / lumbar spine decisions — 2009

The Board found that there is no evidence of a chronic cervical spine, lumbar spine, or left shoulder disability present in service and not related to active duty. The Veteran's current disabilities are not linked to his military service.

The Veteran's service-connected lumbar spine disability is currently rated at 10 percent, and the Board finds that it does not warrant a higher rating based on current evidence of record.

The Veteran is seeking to reopen a previously denied claim for service connection for lumbar disc bulge at L5-S1 and spinal stenosis, as well as an increased rating for his lumbosacral strain. The case must be remanded due to the need for proper VCAA notice on new and material evidence claims.

The Veteran's appeals for service connection on eight specific conditions have been withdrawn.

The Veteran's hypertension is reopened as there is evidence that it may be related to service. The Veteran's back and neck disabilities are also reopened as the additional evidence suggests they may be due to service.,The claims of service connection for residuals of a back injury (degenerative disc disease) and residuals of a cervical spine injury (degenerative disc disease) are both remanded for further development.

The Board denied the Veteran's claims of entitlement to service connection for PTSD, hypertension, and a low back disorder. The Board also found that there was insufficient evidence to support the Veteran's claims for a neck disorder, numbness of the hands and feet, and basal cell carcinoma of the upper lip.

The Board denied the Veteran's claims for service connection for PTSD and low back disorder, finding no probative evidence of a current DSM-IV diagnosis of PTSD. The claim for low back disorder is remanded to the RO.

The Veteran's service-connected disabilities do not render him unable to secure or follow a substantially gainful occupation.

The Board has determined that the Veteran's claim for service connection for degenerative disc disease of the lumbar spine, tinnitus, left ear hearing loss, and right ear hearing loss is denied as there is no competent medical evidence linking these conditions to his military service.

The Veteran's claims for service connection for degenerative disc disease of the cervical spine and tinea versicolor of the neck were denied as these conditions are not shown to be related to her military service. Her claim for herpes was granted with a non-compensable rating.

The Veteran's appeal is being remanded for additional development, including obtaining a statement of the case on his low back disability claim and scheduling VA examinations to assess the severity of his psychiatric condition, knee arthritis, hip disability, low back disability, and right shoulder disability. The examiner should also determine if these disabilities are related to service or not.

The Board denied service connection for arthritis of the lumbar spine, arthritis of each shoulder, arthritis of each arm, and arthritis of each hand as there was no competent medical evidence linking these conditions to service.

The Veteran seeks nonservice-connected pension benefits due to permanent and total disabilities. The Board has determined that a remand is necessary for further development, including obtaining VA treatment records, Social Security Administration disability compensation records, and a VA examination.

The Veteran's bilateral knee disabilities are not found to be caused or aggravated by his service-connected low back disability. His DDD of L3-S1 is currently rated at 20 percent and does not meet the criteria for a higher rating.

The Veteran's pre-existing dorsal scoliosis worsened during service, resulting in spondylolisthesis and degenerative disc disease. The Board grants service connection for the lumbar spine disorder based on aggravation.

The Board has denied the Veteran's TDIU claim, but has remanded for consideration of an extraschedular evaluation. The issue of service connection for PTSD remains on appeal.

The Veteran's lumbar spine disability is currently rated at 20 percent, effective since November 13, 2008. His right knee disability remains rated at 10 percent. The Board found that the Veteran's current ratings are appropriate based on his service-connected conditions.

The Board has determined that the Veteran's chronic low back, neck, and shoulder disability is of service origin. The claim for right hand and wrist disability remains pending.

The Veteran's TDIU claim is being remanded due to the need for a VA examination and opinion regarding his service-connected low back and cervical spine disabilities. The informal claims for higher ratings are also pending.

The Veteran's spondylolisthesis with degenerative disc disease of the lumbar spine was initially rated as 20 percent disabling prior to December 21, 2005. The rating was increased to 40 percent effective December 21, 2005.