Back / lumbar spine decisions — 2009

The Board has restored service connection for left knee, left hip, and lumbar spine disabilities due to the VA examiner's opinion that these conditions are not related to the Veteran's service-connected left ankle disability. The claim for psychiatric disability was reopened based on new evidence suggesting a possible relationship between the Veteran's psychiatric condition and his service-connected disabilities.

The Veteran's lumbar spine disability is rated at 20 percent, effective August 5, 2005. The right knee disability remains at a 10 percent rating throughout the appeal period. Service connection for cervical spine disability was granted but not assigned an effective date.

The Veteran's claims for PTSD, lumbar radiculopathy as secondary to peripheral neuropathy, increased ratings for peripheral neuropathy of the right and left lower extremities, and total disability rating based on individual unemployability due to service-connected disabilities were all denied.

The Board has remanded the case due to a need for further development, including providing corrective notice and obtaining an opinion from a VA physician regarding whether any service-connected disability contributed to the Veteran's death.

The Veteran's service-connected DJD of the lumbar spine was evaluated at a 20 percent rating prior to December 5, 2007. The Board found that his condition did not warrant an increase in rating beyond this level.

The Veteran's claims for higher ratings on appeal have been denied. The VA has determined that the Veteran does not meet the criteria for a rating in excess of 10 percent for dermatophytosis of the hands and feet, as his condition is currently noncompensable under DC 7806.

The Board has granted the initial evaluations of 10 percent for the right and left knee subluxation disabilities, effective from the date service connection was granted. Service connection for a psychiatric disorder (PTSD) is also granted.

The Board denied the Veteran's claims for an increased rating for his low back strain with osteoarthritis and service connection for iritis as secondary to a service-connected lumbosacral spine disability, finding no probative medical evidence linking the iritis to his service-connected condition.

The Veteran's appeal is being remanded due to incomplete service records and the need for additional medical evaluations.

The Board has determined that the Veteran's claimed chronic neck, right shoulder, and right testicular disorders are not related to his active service. The Veteran's chronic acquired vision disorder is denied as there is no evidence of current disability.

The Board is remanding the case to obtain service records for a period of ACDUTRA from September 1, 1968 to September 14, 1968 and to schedule the appellant for a VA examination to determine if his back disorder, left leg disorder or bilateral foot disorder are related to any manifestations during this period.

The Board has remanded the case for further development, including obtaining VA treatment records and scheduling a VA examination to determine if the Veteran's back disorder is related to his active duty service.

The Board found no evidence of a current back disorder related to service and denied the Veteran's claim for service connection.

The Board has remanded the case for further development and adjudication due to inadequate opinions from VA examiners regarding the Veteran's low back and gastrointestinal conditions.

The Board has granted a 40 percent evaluation for prostate cancer with erectile dysfunction, effective December 10, 2007. The Veteran's prostate cancer is rated as voiding dysfunction.

The Veteran's lumbosacral spine osteoarthritis was rated at 40 percent prior to March 29, 2006 and remains at 40 percent thereafter. The appeal is denied.

The Board found that the Veteran's current low back condition is not related to his service and denied his claim for service connection.

Secondary service connection is granted for the Veteran's low back strain and 10 percent of his bilateral hip disability. A rating in excess of 30 percent for GERD is denied.

The Board denied the Veteran's claims of service connection for residuals of a neck injury, left foot disability, and low back degenerative changes. The evidence did not support a finding that these conditions were related to his military service.

The Veteran's claim for a higher rating for his service-connected lumbosacral muscle strain and degenerative disc disease of the lumbar spine was denied. The current evaluation of 40 percent is considered appropriate based on the clinical findings.