Back / lumbar spine decisions — 2009

The case is being remanded for further development, including a query letter to Dr. S regarding the etiology of the Veteran's low back disorder.

The Board has determined that the Veteran's current low back disability did not have its onset during honorable active service or result from disease or injury during his active honorable military service, and is not caused or aggravated by the service-connected bilateral knee disability.

The Veteran's claim for service connection of an acquired psychiatric disability and initial evaluation for a low back disability were both denied. The Board found that the current acquired psychiatric disability is not related to service, while the low back disability did not meet criteria for higher evaluations.

The Veteran's claim for an increased rating for residuals of a fractured coccyx is granted, effective from November 19, 2001. She was awarded a 10% rating.

The Veteran's low back disability was initially rated as noncompensable prior to March 27, 2008. From that date, he is entitled to a 10 percent rating.

The Veteran's claims for service connection for right ear hearing loss, right ankle disorder, right knee disorder, right hip disorder, and low back disorder (sciatica) have been denied as there is no evidence of a nexus between these conditions and his active service.

The Board denied the Veteran's claims for service connection for left knee, low back, and bilateral hip disabilities. The right knee disability claim was also denied. The acquired psychiatric disability (depression) claim is addressed in the REMAND portion of this decision.

The Board has remanded the case due to the need for a VA examination to determine the etiology of any current low back and bilateral knee disabilities.

The Veteran's claims for increased evaluations and service connection are being remanded to allow for additional examinations, obtainment of SSA records, and compliance with VCAA notice requirements.

The Veteran's TDIU claim is remanded due to the need for further development and consideration of new claims, including service connection for a depressive disorder and an increased evaluation for his low back disability. The case may be referred for extraschedular consideration if appropriate.

The Veteran's service-connected DJD of the lumbosacral spine is currently rated at 40 percent, and his initial evaluation for DJD of the left knee remains denied.

The Veteran's low back disability was found to not meet the criteria for a higher evaluation, as it did not result in forward flexion of the thoracolumbar spine less than 30 degrees or ankylosis.

The Veteran's service-connected disabilities render him unable to secure or follow a substantially gainful occupation, warranting a TDIU rating.

The Board has reopened the claim and found new and material evidence to support a service connection for degenerative disc disease of the lumbar spine. The Veteran's in-service back injury is considered acute and transitory, with no chronic disability established.

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

The Board has determined that the Veteran's low back disability warrants a 10 percent rating, effective from the date of the decision. The Veteran also has been granted entitlement to a separate 10 percent rating for his left lower extremity radiculopathy.

The Veteran's service-connected degenerative disk disease of the lumbar spine is currently rated at 20 percent, and his service-connected neurogenic claudication of the bilateral lower extremities are each rated at 10 percent. The Veteran's erectile dysfunction associated with his low back disability is also rated as secondary to his service-connected condition.

The Board denied the Veteran's claims for service connection for left ear hearing loss and lumbosacral strain, finding no evidence of a chronic disease during service or within one year after separation. The examiner attributed the current conditions to occupational noise exposure in civilian life.

The Board found no evidence of a low back injury or problems in service, and the Veteran's current lumbar spine disorder is not related to his military service. The claim for service connection was denied.

The Veteran's claim of service connection for a back disability was denied as there is insufficient medical evidence to adjudicate the claim due to his failure to report for VA examinations scheduled in connection with his reopened claim.