Back / lumbar spine decisions — 2009

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

The Board has granted service connection for hypertension, chronic sinusitis, and sleep apnea as secondary to sinusitis. The Veteran's pre-existing conditions were not aggravated by service.

The Veteran's claim for an initial rating greater than 10 percent for degenerative disc disease of the lower back was denied. The Board found that his disability did not meet or approximate criteria warranting a higher rating based on functional impairment.

The Board has determined that the Veteran's erectile dysfunction, osteoporosis, and degenerative disc disease of the cervical spine are not related to service or herbicide exposure. As such, these claims for service connection have been denied.

The Board has denied the Veteran's claims for service connection for bilateral hearing loss, tinnitus, Meniere's disease (dizziness), a spinal cord condition of the neck and back, and an acquired psychiatric disorder. The evidence does not support a finding that any of these conditions were incurred or aggravated by military service.

The Veteran's claim for service connection for degenerative disc disease, L2-3 and L5-S1 is being remanded due to the need for a VA examination to determine if his current back disability is related to his active military service.

The Board has denied the Veteran's claims for service connection for a low back disability, respiratory disability (likely COPD), and left foot disability due to lack of evidence linking these conditions to his military service.

The case is being remanded for further development of evidence related to the Veteran's right index finger fracture, hypertension, and arthritis of the lumbar spine.

The Veteran's appeal was dismissed due to the death of the claimant.

The Board denied the Veteran's claim for service connection for a back disorder, including strain of the lumbosacral and cervical spine with superimposed psychophysiological musculoskeletal reaction, finding that new and material evidence had not been received to reopen the previously denied claims.

The Veteran's headaches are found to be secondary to his service-connected cervical spine disability. The initial rating for the cervical spine disability is granted at 20 percent from January 23, 2002 through February 18, 2003.

The Veteran's claims for increased ratings for his service-connected left wrist fracture, lumbar strain, and right knee injury were denied as the evidence did not support a higher rating under the applicable diagnostic codes.

The Veteran's claim for increased ratings on an extraschedular basis was denied as there is no evidence of marked interference with employment or frequent hospitalizations, and the currently assigned schedular ratings adequately compensate the degree of disability shown during the entire period of time at issue.

The Veteran's lumbar spine disorder was initially rated at 10 percent prior to July 7, 2008. Since then, the disability has been rated at 20 percent since July 8, 2008.

The Veteran's appeal has been withdrawn by the appellant prior to a decision being made.

The Board has denied the Veteran's request to reopen his previously denied claim of service connection for thoracic strain with degenerative arthritis of the thoracic and lumbar spine, finding that the new evidence submitted does not relate to an unestablished fact necessary to substantiate the claim.

The Veteran's service-connected herniated nucleus pulposus of the lumbar region with residuals from surgery is currently rated at 20 percent, but does not meet the criteria for a higher evaluation under the current rating criteria.

The Veteran's lumbosacral strain disability was found to warrant a 40 percent rating as of April 5, 2002. The current schedular evaluation is deemed adequate.

The Board denied service connection for bilateral hip and lumbosacral spine disabilities, finding that the Veteran's conditions were not incurred in or aggravated by his military service. The decision also noted that the Veteran did not meet criteria for TDIU.

The Veteran's claims for higher ratings for lumbar degenerative disease with intervertebral disc syndrome and radiculopathy of the left lower extremity were denied. The current ratings are considered appropriate.