Back / lumbar spine decisions — 2009

The Board has reopened the Veteran's claim for service connection of a low back disability due to new evidence submitted, including private medical records and statements. The Board found that while there was no chronicity of back problems during service, the Veteran had a compensable back disability after discharge which is related to his inservice injury.

The Veteran is granted special monthly pension at the housebound rate due to his age and multiple nonservice-connected disabilities, with a combined rating of 80 percent.

The Board found no evidence of current disabilities related to service and denied all claims for service connection.

The Board found that the Veteran's low back disability was not incurred in or aggravated by active service and denied his claim for service connection.

The Veteran's appeal was denied as his low back disability and associated radiculopathy did not meet the criteria for higher ratings.

The Veteran's low back disability is currently rated as 20 percent disabling, and his right and left leg radiculopathy are each rated at 10 percent. The claims for increased ratings have been granted.

The Veteran's low back disability is rated at 20 percent prior to March 13, 2007, and at 30 percent from March 13, 2007, forward. The claim for service connection for a right knee disorder was denied.

The Board found that the Veteran's lumbosacral strain disability is manifested by constant low back pain, pain on motion and reduced activity due to the pain; it is also manifested by objective clinical findings of mild to moderate muscle spasms, moderate restriction of lumbar spine motion and pain on motion. The criteria for an evaluation in excess of 20 percent have not been met.

The Veteran's appeal is being remanded for additional development, including obtaining private treatment records and scheduling VA examinations to address the nature and severity of his low back disability and radiculopathy.

The Board has remanded the case for additional development, including obtaining medical records and verifying dates of service. The claims will be reconsidered after this development.

The Board found that the Veteran's current back disability was not related to his service, including treatment received therein. As a result, the claim for service connection for a back disability is denied.

The Veteran's claim for an increased evaluation for his service-connected low back pain secondary to instability of the iliolumbar and posterior sacroiliac ligaments was denied by the RO in July 2000.

The Board has determined that the Veteran's chronic back disorder and acquired psychiatric disorder were not incurred in or aggravated by active service.

The Veteran's low back strain does not meet the criteria for a higher disability rating as it does not result in forward flexion of the thoracolumbar spine greater than 30 degrees but not greater than 60 degrees, or combined range of motion of the thoracolumbar spine not greater than 120 degrees; nor does it result in muscle spasms or guarding severe enough to result in an abnormal gait or spinal contour.

The Board denied the Veteran's claims for service connection for asbestos-related lung disease, back disability, right leg disability, head injury, eye disability, and stomach disability. The claims for diabetes mellitus were also denied. No new and material evidence was submitted to reopen any of these previously-denied claims.

The Board has determined that the Veteran's low back and lumbar spine conditions had their onset during service, granting service connection for these disabilities. However, there is no evidence linking his current left knee disability to service.

The Board denied the Veteran's claims for service connection for a right knee disorder and low back disorder, finding no new and material evidence to reopen the low back claim. The right knee claim was also denied as there is no current evidence of a right knee disability.

The Veteran's claims for increased ratings for lumbosacral strain and herpes simplex I are being remanded due to the need for updated VA examinations and additional treatment records.

The Board has determined that new and material evidence has been received sufficient to reopen the Veteran's claim for service connection for a back condition. The claim is reopened, and the appeal is REMANDED to the RO via the Appeals Management Center (AMC), in Washington, DC.

The Board has granted service connection for right and left knee disorders, including osteochondritis dissecans. Service connection is also granted for a back disorder, to include as secondary to the bilateral knee disorder.