Back / lumbar spine decisions — 2009

The Board has remanded the case for further development and adjudication due to issues remaining on appeal, including a claim for an increased rating for PTSD.

The Veteran's claim for a higher rating for his service-connected low back disability was granted, with the effective date being August 16, 2008. The current rating is 40 percent.

The Veteran's claim for an increased rating for his service-connected compartment fasciotomy with postoperative scar, left lower leg, with chronic myofascial low back pain was granted. The current evaluation is 40 percent disabling.

The Veteran's claims for increased ratings and initial evaluations are being remanded due to the need for additional development, including VA examinations and VCAA notice.

The Board has determined that service connection is not warranted for any of the claimed disabilities, including low back disorder, left hip disorder, right knee disorder, and left knee disorder.

The Board found that the Veteran's low back, right hip, and chest disabilities are not related to his service in October 1965 motor vehicle accident. Service connection was denied for these conditions.

The Board found no evidence of a current diagnosis of the claimed conditions and determined that service connection was not warranted for any of the Veteran's claims.

The Veteran's degenerative disc disease of the lumbar spine is currently rated at 10 percent, and the Board finds that this rating is appropriate based on the evidence showing flexion greater than 60 degrees and a combined range of motion greater than 120 degrees.

The Board found that the Veteran's low back disability was not incurred or aggravated by service, and could not be presumed based on a chronic disease. The Board also determined that the current low back disability is not proximately due to or aggravated by his service-connected right knee condition.

The Board has determined that the Veteran's current low back disability is related to service, and thus grants service connection for this condition.

The Board found that the Veteran's degenerative disc disease of the lumbar spine is not related to his active service and denied his claim for service connection.

The Board found no evidence of current disabilities for the right shoulder, low back, or right leg (including arthritis of the right knee). The Veteran's claims for service connection were denied as there was insufficient medical evidence to support these conditions.

The Board denied the Veteran's claims for service connection for PTSD, a back disability, bilateral hearing loss, and tinnitus. The claim of skin disability was not addressed as it had already been previously denied.

The Veteran's cervical spine disability is manifested by pain with muscle spasms and limitation of motion, warranting a 40 percent rating under the revised criteria. The claim for an increased rating for the cervical spine disability has been denied.

The Veteran's claims for increased ratings for his service-connected Dupuytren's contracture with arthritis of the left foot and traumatic arthritis of the lumbar spine are denied. The Veteran is currently rated at 20 percent for both conditions.

The Board has remanded the case due to the Veteran's request for a hearing before a Veterans Law Judge, and will return it for further review after scheduling the appropriate hearing.

The Board denied service connection for a low back disorder and left knee disorder, finding no evidence of chronic symptoms in service or continuity of symptomatology since discharge. The Veteran's statements regarding the onset of his disorders were deemed unreliable due to inconsistencies.

The Board has determined that the Veteran's claims for service connection for back, right shoulder, and neck disorders are denied as there is no evidence of a chronic disability during or within one year after service. The VA examiner opined that any current back disorder is less likely than not related to active duty.

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

The Board found clear and unmistakable evidence that the Veteran's preexisting back disorder (spondylolysis) did not worsen during service, thus denying his claim for service connection.