Back / lumbar spine decisions — 2009

For the period prior to May 23, 2007, the Veteran's service-connected lumbar spine disability was not manifested by findings of unfavorable ankylosis or persistent symptoms compatible with sciatic neuropathy.,For the period from May 23, 2007, the Veteran's service-connected lumbar spine disability is manifested by forward flexion greater than 30 degrees but not greater than 60 degrees and loss of strength on repetition. However, it does not equate to unfavorable ankylosis or persistent symptoms compatible with sciatic neuropathy.

The Board found no evidence of a chronic low back disability during service and concluded that the Veteran's current condition is not related to his period of active duty.

The Veteran's claim for increased ratings for degenerative arthritis, to include lumbar strain, was granted with a rating of 20 percent effective May 6, 2008. The highest possible evaluation remains on appeal.

The Board has determined that the Veteran's cause of death was not caused by any service-connected disability, and therefore denied both service connection for the cause of the Veteran's death and DIC benefits under 38 U.S.C.A. § 1318.

The Veteran's low back disability has been characterized by pain during physical exertion, with a full range of motion. The VA determined that the evidence does not show forward flexion less than 85 degrees or combined range of motion less than 235 degrees, which are required for a compensable rating under the applicable diagnostic code.

The Board has determined that new and material evidence has been received to reopen the Veteran's claims for service connection for low back disability, hearing loss, and prostate condition, including residuals of a urinary tract infection. The Veteran's current conditions are found to be related to his active military service.

The Board has dismissed the appeal for service connection for gastritis to include H. pylori due to withdrawal by the Veteran. Service connection is granted for low back disability, and a 10 percent rating is assigned for acid reflux disease from October 1, 2004.

The Veteran's degenerative disc disease (DDD) of the lumbar spine was not incurred in or aggravated by service, and is therefore denied.

The Veteran's claim for an effective date prior to June 10, 2003 for the grant of a total disability rating based on individual unemployability (TDIU) has been denied as there is no evidence showing he was unable to work solely due to his service-connected disabilities before that date.

The Veteran's back disability is currently rated at 40 percent, and he has been granted TDIU. The claim for service connection of hypercholesterolemia was reopened but not granted.

The Board has remanded the case for additional development, including obtaining SSA records and scheduling VA examinations to determine if the Veteran's current low back and right hip disabilities are related to his active duty service.

The Veteran's claims for service connection for lumbar spine, neck, and bilateral leg disabilities are being remanded due to the need for further development including a VA examination.

The Board found that the Veteran's current back disability, including degenerative changes of the lumbar spine, is not related to service and denied his claim for service connection.

The Veteran's claim for an initial disability rating in excess of 20 percent for degenerative disc disease of the thoracolumbar spine is being remanded due to the need for additional development, including obtaining private treatment records and scheduling a VA examination.

The Veteran's service-connected disabilities, including posttraumatic stress disorder, left knee instability, degenerative arthritis of the left knee associated with left knee instability, and degenerative disc disease of the cervical spine, do not meet the requisite schedular percentages for TDIU.

The Board has determined that new and material evidence has not been received to reopen the claim for service connection for a back disability.,Service connection is established for bilateral hearing loss.,Service connection is also established for tinnitus.

The Veteran's initial non-compensable evaluation for back strain with degenerative disc disease has been granted.,A 10 percent evaluation is assigned for restless leg syndrome, as the severity of symptoms most nearly approximates moderate compulsive tic.

The Veteran's right foot interdigital neuroma is currently rated as 10 percent disabling, and the evidence does not support a higher rating.,For his spondylosis of the lumbosacral spine, the Veteran meets the criteria for a 10 percent disability rating under Diagnostic Code 5239.

The Board has denied the Veteran's claims for service connection for various conditions, finding that there is no evidence of a nexus between any claimed condition and his military service.

The Board found no credible evidence of a low back injury in service and concluded that the Veteran's current spondylosis, thoracic spine disability is not related to his military service.