Back / lumbar spine decisions — 2009

The Veteran's low back disability has been rated at 20 percent disabling, but the evidence does not show any additional limitation of motion or incapacitating episodes that would warrant a higher rating.

The Board denied the Veteran's claim of service connection for a back disability, finding that new and material evidence had not been received to reopen the previously denied claim.

The Board found that the Veteran's headaches, back disability, and bilateral plantar fasciitis were incurred during active military service.

The Board found no evidence to support the Veteran's claims for service connection of low back, bilateral knee, and left shoulder disorders. The pre-service and post-service medical records do not show any link between these conditions and his military service.

The Board found that the Veteran's lumbar spine disability and headaches were not incurred in or aggravated by service, and denied both claims.

The Board found that the appellant's current low back disorder is not related to his service, and thus denied his claim for service connection.

The Board has determined that the appellant's claimed disabilities were not incurred or aggravated by service, and thus denied his claims.

The Veteran's service-connected degenerative joint disease of the lumbosacral spine and hemorrhoids are currently rated at 10 percent each. The Board finds that these ratings adequately reflect the severity of her disabilities.

The Veteran's claim for an increased rating for his service-connected osteoarthritis of the lumbosacral spine with radicular pain in the lower extremities is granted, and he is assigned a 40 percent disability rating effective February 23, 2004.

The Veteran's claim for service connection for a bilateral knee disorder is denied as there is no current diagnosis of such a condition.,The Veteran's lumbar spine disability does not meet the criteria for an initial rating in excess of 10 percent, and his residuals of acute renal failure do not warrant a compensable evaluation.

The Board has granted service connection for multi-level degenerative disc disease with arthritis of the lumbar spine, left knee arthritis, chronic left ankle strain, and left L5 radiculopathy affecting the left leg. The lung disability claim is deferred pending completion of development.

The Veteran's claims for increased ratings and earlier effective dates were denied. The Board found that the criteria for a higher rating for degenerative disc disease of the lumbosacral spine, an earlier effective date for right knee disability service connection, and earlier effective dates for migraine headaches were not met.

The Veteran's low back disability, malignant brain tumor, and aneurysm were not incurred in service. The Board denied reopening the claim for a low back disability due to lack of evidence linking it to service. Service connection was also denied for the brain disability as secondary to herbicide exposure. An effective date earlier than July 29, 2004, for a PTSD rating is denied.

The Veteran's claims for increased ratings and service connection were denied. The Board found that the evidence did not support a higher rating for dysthymia, chronic lumbosacral strain with degenerative arthritis of the lumbar spine, or traumatic arthritis of the left hip. Service connection for a cervical spine condition was also denied.

The Veteran's thoracic and lumbar spine disability was manifested by slight limitation of motion, no muscle spasm on extreme forward bending, loss of lateral spine motion, unilateral in standing position. The Veteran's cervical spine disability was not shown to involve IVDS. As such, the initial rating assigned for degenerative arthritis of the thoracolumbar spine prior to January 24, 2006, is granted at 10 percent.

The Board denied the Veteran's claims for service connection for tinnitus, asbestosis, bilateral hearing loss, and low back disability with arthritis. The decision also noted that VA failed to obtain relevant medical records from the Naval Hospital in Astoria, Oregon.

The veteran's service connection for postoperative left shoulder bursitis and tendinopathy was granted, with a 10 percent evaluation initially assigned in October 2007. The evaluation was increased to 20 percent effective February 22, 2007.

The Board found that the Veteran's lumbar spine disability did not meet or approximate the criteria for a rating in excess of 40 percent, and thus denied his claim.

The Board has determined that the Veteran's service-connected PTSD aggravated his congestive heart failure, which caused his death. Therefore, service connection for the cause of death is granted. The claim for DIC benefits under 38 U.S.C.A. § 1318 is also granted.

The Veteran's claim for an increased evaluation of his low back disorder was denied, as the condition does not meet criteria for a higher rating. The claim for special monthly compensation based on loss of use of both lower extremities was also denied.