Back / lumbar spine decisions — 2009

The Veteran's low back strain is currently rated at 20 percent disabling on and after August 3, 2007. This rating reflects the limitation of forward flexion to 50 degrees with additional limitation of motion due to repetitive use.

The Board found no evidence linking the Veteran's current low back disorder to his military service and denied his claim for service connection.

The Veteran's claims for increased ratings and service connection were denied. The Board found no evidence of a current disability related to the claimed conditions, or that they are otherwise service-connected.

The veteran's service-connected disabilities do not cause loss or permanent loss of use of one or both feet, loss or permanent loss of use of one or both hands, or permanent impairment of vision of both eyes to the required specified degree. Therefore, he is not eligible for financial assistance in the purchase of an automobile or other conveyance and adaptive equipment.

The Board found that the RO's denial of the Veteran's claims for service connection was improper due to failure to submit requested evidence, and remanded the case for further action.

The Veteran's appeal has been dismissed due to his death. The Board does not have jurisdiction to adjudicate the merits of the claims as they are now moot.

The Board denied service connection for a cervical spine disability, finding that the Veteran's current cervical spine condition was not caused by his service-connected left femur fracture. The lumbar spine disability is granted as secondary to the service-connected left femur fracture.

The Board has granted a 40 percent rating for the Veteran's chronic low back strain, effective July 20, 2009.

The Board has remanded the case due to incomplete notification and development under VCAA, as well as the need for an examination regarding aggravation of left foot plantar fasciitis by right foot plantar fasciitis.

The Veteran's claim for increased ratings has been denied. The current rating of 40 percent for thoracic and lumbar spine scoliosis with degenerative changes is maintained.

The Board has determined that the Veteran's heart disability, to include hypertensive heart disease and hypertension, and degenerative arthritis of the cervical, thoracic and lumbar spine were incurred during his active service. Therefore, these conditions are granted as service connected.

The Board denied the Veteran's claims for service connection for lumbar and cervical spine disabilities, finding no evidence of such conditions in service or within one year after service. The apportionment claim was also denied as there is no indication that the Veteran is not reasonably discharging his responsibility for his minor child.

The Veteran withdrew his appeal for service connection for PTSD and depression, leaving only the issue of a rating in excess of 10 percent for a lumbar strain.

The Veteran's claim for an increased rating for his service-connected lumbosacral strain was denied. The claims to reopen service connection for bilateral hearing loss and left knee disability were also denied, as the new evidence submitted did not raise a reasonable possibility of substantiating these claims.

The Board has determined that a VA examination is needed to determine the nature and likely etiology of the Veteran's claimed low back disability, as well as whether any diagnosed conditions are related to service.

The Veteran's appeal is being remanded for additional development and consideration of the submitted evidence.

The Board denied the Veteran's claims for service connection for right hand tremors, a heart disability, a low back disability, a foot disability, and a psychiatric disability (including PTSD and depression), finding that there was no evidence of chronicity in service or continuity of symptoms after discharge.

The Veteran's lower back disability is being remanded for additional development of his medical records, including those from the 'Columbia Free State' HMO and Social Security Administration.

The Veteran's appeal is remanded due to insufficient evidence of his current cervical spine disability condition and the need for a new examination. The Veteran also needs to provide any outstanding VA or non-VA treatment records.

The Board has determined that the Veteran's current lower extremity disabilities, including bilateral ankle instability, right foot plantar faciitis, degenerative disc disease with spondylosis of the lumbar spine, bilateral hip arthritis, and bilateral knee arthritis, are not related to his active military service.