Back / lumbar spine decisions — 2009

The Board found no evidence of a back disorder during service or within one year thereafter, and the claim was denied as there is not sufficient medical evidence to link the current condition to active duty.

The Veteran's service-connected disabilities do not meet the criteria for a TDIU as her combined evaluation is at least 70 percent, but she is not shown to be unemployable due to these conditions.

The Veteran's headaches are rated at the highest possible schedular evaluation of 50 percent, effective March 22, 2005. The Veteran has very frequent and completely prostrating headaches that cause severe economic inadaptability.

The Veteran's claim for higher evaluations for chronic low back strain and left lower extremity radiculopathy was denied. The evidence did not meet the criteria for a higher evaluation under the current rating schedule.

The Board has determined that the Veteran does not have a current left knee, left ankle, low back, or skin disorder that is related to his period of active service. The claims are therefore denied.

The Veteran's service-connected osteoarthritis of the thoracic and lumbar spine is rated at 40 percent, which is the maximum available under the applicable diagnostic codes. The Veteran's left lower extremity radiculopathy remains at a 10 percent rating.

The Veteran's claims for increased ratings for arthritic changes of the lumbar spine and PTSD were denied as they do not meet the criteria for higher disability ratings under the applicable VA rating schedule.

The Veteran's service-connected intervertebral disc disease of the lumbar spine is rated at 60 percent, which is the highest possible rating under the applicable criteria.

The Board is remanding the case to allow for a VA examination and review of new evidence, including private medical records submitted by the Veteran's attorney. The goal is to determine if there is a connection between the service-connected left knee disability and the lumbar spine disorder.

The Veteran's lumbosacral strain was rated at 10% prior to June 24, 2003 and increased to 20% effective June 24, 2003. A separate rating of 10% is granted for right lower extremity radiculopathy since October 6, 2008.

The Board denied the Veteran's claim for service connection for lumbar disc disease as it was not an original compensation claim and the Veteran failed to report for a scheduled VA examination.

The Board has determined that the Veteran's back disability is related to an in-service injury and granted service connection for this condition.

The Veteran's lumbar spine degenerative disc disease and radiculopathy on the left are currently rated at 10 percent, which is the maximum schedular rating available for these conditions under the General Rating Formula for Diseases and Injuries of the Spine. The Board finds that the current evaluations adequately reflect the severity of the Veteran's service-connected lumbar spine disabilities.

The Board has granted service connection for a cervical disability, finding that the Veteran's credible report of an in-service injury is consistent with his current diagnosis. The claim for posttraumatic stress disorder was denied as there is no evidence of such a condition.

The Veteran's initial claim for a higher rating for his lumbosacral strain with degenerative changes was granted, but the current evaluation remains at 10 percent prior to September 30, 2004.,Effective January 7, 2009, the Veteran is now rated at 40 percent for his service-connected lumbosacral strain with degenerative changes.

The Board has granted service connection for residuals of neck trauma. The issues regarding low back disability and bilateral leg condition are remanded for further development.

The Board denied the veteran's claims for service connection for a chronic back disorder, bilateral carpal tunnel syndrome, and bilateral ankle disability due to lack of competent evidence linking these conditions to his military service.

The Veteran's claim for service connection for hypercholesterolemia was denied, and his cervical spine disorder was granted with a 10 percent initial rating. The appeal is resolved in favor of the Veteran on the issue of an increased rating for his cervical spine disorder.

The Board denied the Veteran's petition to reopen his claim for service connection for lumbosacral strain, finding that no new and material evidence had been submitted.

The Board has granted service connection for a right shoulder disorder and has reopened the veteran's claims of service connection for hip disorders. The issues of service connection for knee disorders, back disorder, and hip disorders are remanded.