Back / lumbar spine decisions — 2009

The Veteran's request for service connection for a back disorder has been denied, and the case is being remanded to schedule a Board hearing at his local RO.

The Veteran's claim for an increased rating for lumbosacral strain with degenerative disc disease was denied. The Board found that the evidence did not support a higher evaluation based on orthopedic manifestations alone, and there were no incapacitating episodes warranting a higher rating under Diagnostic Code 5243.

The Veteran's left hip trochanteric bursitis was incurred during active duty. The Veteran does not have a chronic disability exhibited by low back pain that is related to service, and there is no evidence of a right small toe disability in service. The appeal for bilateral shin splints has been withdrawn.

The Veteran's chronic low back pain with thoracic spine degenerative disc disease has been evaluated at a 10 percent rating since the grant of service connection. The evidence does not meet the criteria for an increased disability rating.

The Veteran is seeking service connection for various conditions, including back and neck disorders, foot and hand conditions, skin condition, sleep apnea, respiratory disorder, blood disorder, and pericarditis. The appeal will be remanded to obtain additional medical records and ensure all claims are properly considered.

The Veteran's appeal is being remanded to obtain Social Security Administration records and a VA orthopedic examination. The issues of entitlement to increased evaluations for PTSD, fibromyalgia, degenerative disc disease of the lumbar spine, right knee retropatellar syndrome, and left knee retropatellar syndrome are being addressed.

The Veteran's claim for an increased disability rating and service connection for a sensory defect at L4-5 and S1 level of lumbar spine was granted effective September 23, 2005.

The Veteran's appeal is denied as his service-connected conditions do not warrant a higher rating.

The Veteran's appeal is remanded for further development, including a VA examination to assess the severity of his service-connected cervical and lumbar spine disability and any associated bilateral arm condition. The RO/AMC will then review the claims based on all evidence of record.

The Board has restored service connection for the Veteran's low back disability and found that the RO improperly severed this service connection. The case is now remanded to consider a new VA examination to determine the current severity of the Veteran's low back disability.

The Board has reopened the claim of service connection for low back disability and granted it, finding that the evidence is at least in equipoise regarding the etiology of the Veteran's current degenerative changes.

The Board has determined that the Veteran does not currently have a low back disability and therefore, service connection for chronic low back pain is denied.

The Veteran's appeal is being remanded for additional development, including clarification of conflicting findings regarding the range of motion and ankylosis of his lumbosacral spine.

The Board denied service connection for the Veteran's claimed disabilities, finding that there was no medical evidence linking these conditions to his service-connected left knee disability or to service.

The Board has remanded the case due to inadequate reasons and bases regarding whether a VA examination was required. The Veteran is to be provided with a VA examination for his claimed low back disability.

The Board has granted service connection for lupus erythematosus with low back and leg pain, finding that the Veteran's symptoms during service represent the onset of this condition.

The Board denied the Veteran's claims for increased rating and service connection, finding that his current degenerative disc disease is not related to his service-connected compression fracture.

The Board finds that the Veteran's low back disorder is attributable to his period of active service, and grants service connection for this condition.

The Board found that the reduction from a 40% to a 20% disability rating for the Veteran's service-connected lumbar spine disability was improper and denied both the propriety of the reduction and the claim for an increased rating.