Back / lumbar spine decisions — 2009

The Veteran's service-connected low back disability, characterized by degenerative spondylosis and disc herniation of L5-S1, was found not to warrant a rating higher than the currently assigned 20 percent for the entire period on appeal.

The Veteran's claims for service connection are being remanded due to incomplete records and the need for further examination.

The Board has determined that the reduction of the Veteran's 20 percent rating for low back disability was not proper, and has restored the original 20 percent evaluation. The claim for an increased evaluation remains pending.

The Veteran's appeal for increased ratings for degenerative disc disease of the lumbar spine has been dismissed as he withdrew all his claims and appeals.

The Board has remanded the case for further development, including obtaining medical records from Dr. T.S., and readjudicating the claim of service connection for a spinal disorder on both direct and secondary bases.

The Veteran's lumbar spine degenerative disc disease with left lower extremity radiculopathy is currently rated at 60 percent, and her adjustment disorder with depressed mood associated with the same condition is rated at 50 percent. Both ratings are granted.

The Board found no evidence of a low back disability during service or within one year thereafter, and denied the Veteran's claim for service connection for a low back disability as secondary to his left knee disability.

The Veteran's claim for an increased evaluation in excess of 10 percent for his service-connected back disability is being remanded due to procedural deficiencies and the need for additional development.

The Veteran's appeal for service connection for PTSD was resolved as his claim was granted in full. The appeals for back disability and left knee disorder were dismissed due to the absence of a timely substantive appeal.

The Veteran's claim for service connection for a low back disability was denied by the RO in February 2003. The case has been remanded multiple times, and additional evidence submitted in May 2009 is now being considered.

The Veteran's appeal is being remanded to afford him a personal hearing before the Board.

The Veteran's appeal is being remanded for a Travel Board hearing or videoconference hearing at the local RO before a Veterans Law Judge of the Board.

The Veteran's claims for increased ratings and service connection were denied. The claim for erectile dysfunction was not substantiated due to lack of evidence of penile deformity, while the right ankle disability claim was withdrawn by the Veteran.

The Board has reopened the Veteran's claims for service connection for left shoulder sprain, back condition, and left knee condition due to new evidence. However, it denied service connection for a right hip condition as not incurred in or aggravated by service, and denied service connection for generalized anxiety disorder secondary to service-connected right knee trauma with degenerative arthritis. The Veteran's TDIU claim is also pending.

The Veteran's appeal is being remanded for further development, including obtaining SSA records related to his disability benefits.

The Veteran's thoracolumbar spine strain is manifested by forward flexion to 95 degrees, extension to 20 degrees, left lateral flexion to 40 degrees, right lateral flexion to 25 degrees, left lateral rotation to 40 degrees, and right lateral rotation to 35 degrees. The Veteran has a normal gait with no evidence of guarding or muscle spasm or current neurologic impairment. The criteria for an initial rating in excess of 10 percent for the thoracolumbar spine strain have not been met.

The Veteran's claims for residuals of a stroke and low back disability were denied. His claim for an increased rating for PTSD was granted.

The Board has determined that the Veteran's low back disability is not caused or permanently worsened by his service-connected right leg and left knee disabilities, thus denying service connection on a secondary basis.

The Veteran's service-connected thoracolumbar degenerative disc disease, residual of status post-surgical fracture L1-L2, is currently rated at 30 percent. The Board has determined that the criteria for a rating of 40 percent have been met.

The Board denied service connection for chronic disability involving memory loss, muscle weakness, and a back disability due to the lack of evidence linking these conditions to service.