Back / lumbar spine decisions — 2009

The Veteran's appeal is being remanded for a new VA examination to assess the severity of his service-connected low back disability and radiculopathy of the left lower extremity.

The Veteran's right and left trapezius strains, right hip strain, left hip strain, and a disability characterized by edema of the lower extremities (claimed as right and left thigh pain) are all found to be proximately due to her service-connected migraine headaches. Service connection for additional right and left knee disabilities is denied as they are not related to service or secondary to a service-connected condition. The Veteran's cervical spine disability is also denied as it was not incurred in service.

The Board denied the appellant's claim for a rating in excess of 10 percent for his service-connected residuals of a fracture of the right fifth metacarpal, finding that the evidence did not support a higher evaluation. The appeal was also denied on whether new and material evidence had been received to reopen a claim for degenerative disc disease of the lumbar spine.

The Veteran's service-connected vertebral fracture of the lumbar spine at L3 is currently rated as 20 percent disabling, and the Board finds that a higher rating is not warranted.

The Veteran's claims for increased disability ratings for his service-connected allergic rhinitis, cervical spine condition, and left ear hearing loss have been denied. The Board found that the evidence did not support a higher rating for any of these conditions.

The Board has determined that there is no evidence of a current neck or low back disorder, and the preponderance of the evidence does not support a finding that any such disorders are related to service. Therefore, service connection for these conditions cannot be granted.

The Veteran's low back disability was rated at 10 percent prior to December 14, 2006 and increased to 20 percent thereafter. The current rating of 20 percent is granted.

The Board denied the Veteran's claims for service connection for a chronic low back disorder, bilateral hearing loss disability, and tinnitus as there was no evidence of current disabilities or a nexus to service.

The Veteran's appeal is being remanded for a videoconference hearing. The issues of entitlement to service connection for lumbar spine, right foot, and right knee disabilities are pending.

The Board has remanded the case due to incomplete records and a need for additional development, including an examination of the Veteran's low back disability.

The Veteran's right arm condition was proximately due to, or the result of, his service-connected neck disability. The Board finds that he is entitled to service connection for such condition.

The Veteran's service-connected degenerative joint disease of the lumbar spine is currently rated at 10 percent, effective March 8, 2006. The claim for a higher rating has been granted, and he is now receiving a separate 10 percent rating for radiculopathy of both lower extremities.

The Board found that the appellant's claimed conditions are proximately due to or aggravated by service-connected polio and post-polio syndrome (PPS). As a result, these conditions have been granted as secondary to service-connected disability.

The Veteran's appeal for increased ratings for his service-connected lumbar spine disability and associated radiculopathy was denied. The RO granted a 10 percent rating for the left lower extremity from October 10, 2007 to December 4, 2008, but did not grant any higher ratings.

The Board has determined that the Veteran's degenerative disc disease of the lumbar spine is directly related to his military service and grants service connection for this condition.

The Veteran's cervical spine disability has been rated as 10 percent disabling since November 2005. The Board found that the current manifestations of her cervical strain do not warrant a higher rating due to lack of limitation of motion and no ankylosis.

The Board has remanded the case due to inadequate examination report and need for a new VA examination.

The Veteran's claims for increased rating, service connection for an acquired psychiatric disability, and service connection for erectile dysfunction are being remanded to the RO for further development.

The Board has remanded the case for additional development to determine if service connection should be granted for neck disability, back disability, and sleep problems.

The Board has remanded the case for additional development, including scheduling a VA examination to address the etiology of the Veteran's current low back disability. The appeal is now before the Board for further adjudication.