Back / lumbar spine decisions — 2009

The Veteran's claim for an increased evaluation for his degenerative disc disease of the lumbar spine with spondylosis, spondylolisthesis, and intervertebral disc syndrome involving the deep peroneal nerve was denied as it did not meet the criteria for a higher rating.

The Veteran's appeal is being remanded for additional development, including a VA examination to determine the nature and etiology of his right foot disorder, left knee disorder, and low back disorder. The claim will be readjudicated after this development.

The Veteran's service-connected PTSD and lumbar spine disability have been granted increased ratings, and he is now eligible for a TDIU based on his combined evaluation of 80 percent.

The Veteran's appeal is remanded for additional development, including a VA examination to assess the severity of his lumbar spine disability and its impact on employment.

The Veteran's service-connected lumbar myositis is rated at 10 percent since December 9, 2004. Prior to that date, the disability was not shown to be manifested by limitation of motion or pain on motion.

The Veteran's service-connected disabilities do not meet the criteria for a certificate of eligibility for assistance in acquiring specially adapted housing or special home adaptations.

The Veteran's appeal is remanded for additional development and due process concerns, including a VA examination to assess the severity of his low back disability.

The Veteran's appeal is being remanded due to the need for a new hearing before a Veterans Law Judge at her local RO.

The Board denied the Veteran's appeals for service connection and increased evaluation of his right wrist disability, finding that the current level of disability did not warrant a rating in excess of ten percent.

The Veteran's unauthorized medical expenses incurred on May 17, 2008 were for a medical emergency of such severity that delay would have been hazardous to his health. The closest VA facility was not feasibly available due to the Veteran's inability to drive.

The Veteran's claims for increased ratings for residuals of a fractured second lumbar vertebrae and bilateral lower extremity weakness were denied as the evidence did not show that his conditions warranted higher ratings under the applicable rating criteria.

The Veteran withdrew his appeal for ratings in excess of 40 percent for thoracolumbar degenerative joint disease (DJD) and 30 percent for cervical spine DJD at the October 2009 hearing, resulting in the dismissal of these matters.

The Veteran's back disability is being remanded for further development, including obtaining service personnel records and VA treatment records. The claim will be reconsidered based on the new evidence.

The Veteran's lumbar spine spondylosis does not meet the criteria for a rating in excess of 20 percent. For the initial rating period from October 7, 2004, his radiculopathy of the right and left lower extremities has resulted in disability approximating mild incomplete paralysis.

The Board finds that the appellant's current chronic lumbar strain with right lower extremity radiculopathy, bilateral plantar fasciitis, and obstructive airway disease are related to service. Service connection is granted for these conditions.

The Board has determined that an effective date earlier than June 19, 2004 is warranted for the grant of service connection for cervical strain with degenerative disc disease at C5-6. The Veteran's claim was filed on June 23, 2003 and later expanded to include a neck injury.

The Board has determined that additional development is required in order to properly adjudicate the Veteran's claims, including obtaining SSA records and providing VCAA notification.

The Veteran's mechanical low back pain and degenerative disc disease with sciatica were rated at 10 percent before January 16, 2008. From that date, the rating was increased to 10 percent but no higher.

The Veteran's service-connected disabilities, including PTSD, diabetes mellitus, and a scar from a shell fragment wound, have resulted in a combined rating of 70 percent. The Board has granted the Veteran's TDIU claim based on these service-connected conditions.

The Board granted an increased rating of 10 percent for the Veteran's service-connected degenerative joint disease of the lumbar spine, and found that he was entitled to service connection for gastroesophageal reflux disease (GERD).