Back / lumbar spine decisions — 2009

The Board has determined that the Veteran's lumbar spine disability, including degenerative osteoarthritis of the lumbar spine and lumbar strain, was not incurred in or aggravated by active service, directly or presumptively.

The Veteran's appeal is being remanded to obtain additional medical examinations and determine if he is entitled to a higher disability rating for his service-connected degenerative disc disease, L5-S1, and whether he is unemployable due to this condition.

The Veteran's claims for service connection for a left shoulder disability as secondary to a low back disability, and for bilateral hearing loss are denied. The claim of service connection for tinnitus is pending due to the need for further evaluation.

The Board has determined that there is no evidence of a chronic left knee disorder or chronic low back disorder in service, and the current conditions are not shown to be related to service. The appellant's claims for these conditions have been denied.

The Board has remanded the case for compliance with its June 2008 decision, which instructed the RO to provide notice of the criteria listed in 38 C.F.R. § 4.16(a) and issue a statement of the case on the effective date assigned in the October 2007 rating decision.

The Board has remanded the Veteran's claims for further development and readjudication.

The appellant is not recognized as the surviving spouse for VA death benefits purposes, and her claims for service connection for cause of death and DIC under 38 U.S.C.A. § 1318 are denied.

The Veteran's claims for higher initial disability ratings for postoperative degenerative disc disease of the cervical spine, degenerative disc disease of the lumbar spine, and endometriosis with dysmenorrhea and dyspareunia have been granted. The specific issues include separate ratings for radiculitis of the left upper extremity associated with cervical spine disability and neurological deficits in the left lower extremity associated with lumbar spine disability.

The Board found that the Veteran's preexisting low back disability was present prior to service and did not undergo an increase in severity during service beyond natural progression. Therefore, the claim for service connection is denied.

The Board has granted a 40 percent evaluation for degenerative disc disease of the lumbar spine prior to April 20, 2007 and denied entitlement to increased evaluations for other conditions.

The Veteran is not entitled to an initial evaluation in excess of 20 percent for degenerative disk disease of the lumbar spine from October 25, 2006 and ongoing. For the period from March 2, 2004 through October 24, 2006, a 20 percent evaluation is granted.

The Board denied the Veteran's claims for service connection for recurrent dislocation of the left shoulder and a back disability, finding no new and material evidence to reopen the claims. The Board also found that there was insufficient evidence to establish service connection for the back disability.

The Veteran's lumbar strain is currently rated at 20 percent, and the Board found that a higher rating was not warranted based on the evidence of record.

The Board found that the Veteran's low back and right ankle disabilities did not originate in service or are otherwise etiologically related to service. The evidence of record does not support a finding that these conditions were incurred during active duty.

The Board has determined that new and material evidence has been received to reopen the Veteran's claim for service connection for a low back disability. The claim is granted.

The Board found that the Veteran's current lumbar spine disorder did not manifest during service and is not causally related to a disease, injury or event in service. As such, the claim for service connection was denied.

The Veteran's claims for service connection for disorders of the lumbar spine, left hip, and left knee, as well as a vascular disorder (to include a skin rash) were denied. The denial is based on lack of evidence linking these conditions to his military service.

The Board has denied the Veteran's claims for service connection for degenerative joint and disc disease of the lumbar spine as secondary to his service-connected disabilities, an increased rating for postoperative residuals of a left hip fusion, and entitlement to an earlier effective date for a right knee disability.

The Board found that the Veteran's low back disorder did not have its onset during active service or within one year of separation from service, and thus denied his claim for service connection.

The Veteran's sciatic neuritis is found to be secondary to his service-connected lumbar spine disorder. The Board also finds that the Veteran meets the criteria for a TDIU based on his combined disability rating of 60 percent, which warrants consideration of an extraschedular rating due to unemployability.