Back / lumbar spine decisions — 2009

The Veteran's service-connected degenerative disc disease, varicose veins of the legs, and status post recurrent heel spurs and Achilles tendon repair have been rated as moderately severe. The initial ratings for each condition are granted at 20 percent.

The Veteran's appeal is being remanded for additional development to address the issues of service connection for residuals of genitourinary surgery in service and an increased evaluation for his service-connected low back disorder.

The Veteran's back disorder is not found to warrant a rating in excess of the currently assigned 20 percent evaluation.

The Veteran's back disability is currently rated at 40 percent, effective May 21, 2005. The Board found that the criteria for a higher rating were not met due to lack of incapacitating episodes and unfavorable ankylosis.

The Veteran's claim for special monthly compensation based on the need for regular aid and attendance has been granted due to his service-connected disabilities that make him unable to care for himself or protect himself from daily hazards.

The RO reduced the Veteran's evaluation for lumbosacral strain with degenerative joint disease and degenerative disc disease from 40 percent to 10 percent effective July 1, 2006. The reduction was proper as it followed procedural requirements and there was evidence of improvement in the Veteran's symptoms.

The Board denied the Veteran's petition to reopen his claim for service connection for a low back disorder, finding that new and material evidence had not been submitted.

The Board has determined that new and material evidence has not been submitted to reopen the claims for service connection for the cause of the Veteran's death and DIC benefits under 38 U.S.C. § 1318.

The Veteran's appeal has been withdrawn, and the case is dismissed.

The Board is remanding the case to obtain a VA medical opinion regarding whether the Veteran's lower back disability, which resulted in surgery in 1985, is related to service. The RO must also ensure that all requested actions have been undertaken and undertake any further development deemed warranted by the record.

The Veteran's appeal is being remanded for additional development, including obtaining SSA disability determination records.

The appellant has withdrawn his appeal, citing the award of a total disability rating based on individual unemployability (TDIU). As there are no remaining issues for appellate consideration, the appeal is dismissed.

The Board has determined that the Veteran's current bilateral hearing loss, back disability, and skin condition of the right hand are related to his active service. The claims for these conditions have been granted.

The Board denied reopening of the claims for service connection for a low back disability and a bilateral leg condition, finding that new evidence was not material to the issues.

The Veteran's lumbar spine disability is rated at 40 percent, and his claims for service connection of peripheral neuropathy of the left and right lower extremities were denied. The Board found that the evidence did not support a higher rating or service connection.

The VA determined that there is no evidence linking the appellant's current lumbar spine disability to his military service, and thus denied his claim for service connection.

The Board found that the Veteran's low back disability, neck disability, and headaches were not incurred in or aggravated by active service.

The Board found that the Veteran does not have degenerative disc disease of the lumbosacral spine that is attributable to his military service.

The Board denied the Veteran's claim for an effective date earlier than December 8, 2004 for her service-connected chronic lumbar strain. The issue of GERD was not addressed in this decision.

The Veteran's service-connected cervical and lumbosacral spine disabilities are currently rated at 10 percent and 20 percent, respectively. The Board has determined that the current ratings do not adequately reflect the severity of his disabilities as evidenced by significant painful limitation of motion.