Back / lumbar spine decisions — 2009

The Veteran's service-connected chronic low back pain with lumbar spondylosis is rated at 20 percent, and a separate rating of 10 percent for the associated right lower extremity radiculopathy has been granted.

The Veteran is over the age of 65 and has a combined non-service-connected disability rating of 90 percent, meeting the criteria for special monthly pension based on housebound status.

The Veteran's claim for an initial disability rating in excess of 20 percent for cervical spine degenerative disc disease is being remanded due to the need to obtain Social Security Administration records and consider newly submitted evidence.

The Veteran's low back disability is currently rated at 10 percent, and the Board finds that a higher rating is not warranted based on her current range of motion.

The Veteran's appeal has been withdrawn prior to the Board making a decision.

The Veteran's claims for increased ratings for his service-connected degenerative joint disease of the lumbosacral spine and right knee were denied. The Veteran was awarded a separate evaluation of 20 percent for lateral instability and moderate recurrent subluxation related to his right knee disorder, effective from August 20, 2007.

The Board has determined that the Veteran's currently diagnosed low back disability is related to his military service and grants entitlement to service connection for this condition.

The Veteran's appeal is being remanded for additional VA medical examination and consideration of the new evidence submitted by him. The issues on appeal include an initial evaluation for a service-connected low back disorder, secondary service connection for bilateral upper extremity disorders, and TDIU.

The Board denied service connection for a seizure disorder, PTSD, and low back disorder as the evidence did not establish these conditions were incurred or aggravated by military service.

The Board has determined that the Veteran's low back disorder was not incurred or aggravated during her active service and therefore denied her claim for service connection.

The Board found no medical evidence linking the Veteran's current low back disability to his military service or any service-connected conditions, and thus denied the claim for service connection.

The Veteran's claims for higher initial ratings on his service-connected disabilities are being remanded due to the submission of additional evidence that has not been considered by the RO.

The Board has granted service connection for residuals of a low back injury with continued pain and mild degenerative joint disease of the thoracic and lumbar spines, as well as for mitral valve prolapse. The claims were reopened due to new evidence received since the original denial.

The Board has granted service connection for the Veteran's lumbar spine disability, finding that it is related to his period of active duty.

The Veteran's appeal is being remanded for further development, including obtaining SSA records and medical records from San Luis Obispo Armory. The VA will also schedule the Veteran for a psychiatric examination to determine if his mental condition is related to service or aggravated by his back and neck disabilities.

The Veteran withdrew her appeals for the issues of service connection and increased evaluations related to hiatal hernia, dental condition, hypertension, heart murmur, low back injury, irritable bowel syndrome, bilateral pes planus, left knee chondromalacia with degenerative joint disease, and right knee chondromalacia with degenerative joint disease.

The Veteran's PTSD is related to his service in Somalia, and he was granted service connection for this condition. The Veteran also had an increased rating for his low back disability, which was granted effective June 7, 2004.

The Board has determined that the Veteran's right femur fracture did not worsen during service and was not aggravated by his service. The other claimed conditions were not caused or aggravated by his service.

The Board has decided to remand the case for further development, including scheduling a VA examination and obtaining additional medical records.

The Veteran's lumbar spine disability is currently rated at 20 percent, and the Board found that this rating was appropriate based on the evidence of record. The Veteran’s range of motion during a June 2008 VA examination was 65 degrees, which does not meet the criteria for a higher rating.