Back / lumbar spine decisions — 2009

The Veteran's service-connected low back disability is symptomatic and productive of functional impairment, but does not meet the criteria for a higher initial rating.

The Board denied the Veteran's claims for service connection for acquired psychiatric disorder, left knee disorder, right shoulder disorder, and a lower and middle back disorder. The Board found no current disability from these conditions and concluded that there was insufficient evidence to link any of them to her military service.

The Veteran's appeal for service connection for left wrist and right shoulder disorders has been withdrawn. The claim for an initial evaluation in excess of 10 percent for lumbosacral strain with degenerative disc disease from May 29, 2003 to March 29, 2005 is denied as the disability did not meet the criteria for a higher rating during this period. From March 30, 2005, an initial evaluation in excess of 20 percent is also denied.

The Veteran's lumbar DJD is presumed to have been incurred in service, and his psychiatric disability is presumed to have pre-existed service. The claims are granted.

The Veteran's claim for service connection of DJD of the left arm was denied as there is no evidence showing that he has this condition due to his military service. The issue of an increased evaluation for cervical spine disability remains on appeal.

The Board has remanded the case for further examination and evaluation of the Veteran's low back disorder, as there is insufficient medical evidence to make a determination on the claim.

The Veteran's service-connected low back disability, even considering his complaints of pain, did not meet the criteria for a higher rating as it did not result in forward flexion of the thoracolumbar spine at 30 degrees or less, nor was there evidence of favorable ankylosis. The Board found that the current 20 percent rating adequately reflected the Veteran's disability.

The Veteran's right knee disability is rated at 10 percent, and his degenerative disc disease of the lumbar spine with spinal stenosis is also rated at 10 percent. The Veteran does not meet criteria for a higher rating under any applicable diagnostic codes.

The Veteran's disability picture encompasses a variety of significant multi-system disabilities, factually rendering her more often than not unable to safely perform virtually all activities of daily living without regular assistance from another person. The Board grants special monthly pension benefits based on the need for regular aid and attendance.

The Board has determined that the Veteran's degenerative disc disease of the lumbar spine is related to his period of active duty service and granted service connection.

The Veteran's service-connected disabilities do not meet the criteria for financial assistance in purchasing an automobile or adaptive equipment due to his inability to use a standard transmission vehicle.

The Veteran's claim for a total disability rating based on individual unemployability from November 2000 to August 2001 is granted as he meets the schedular criteria and there is probative evidence of his unemployability due to service-connected disabilities.

The Board has determined that the Veteran's lumbar spine disability warrants a rating of 20 percent since March 13, 2006, based on forward flexion greater than 60 degrees and no ankylosis or episodes of incapacitation.

The Veteran's service-connected low back disability, including lumbosacral strain, arthritis, and herniated nucleus pulposus, is not shown to warrant a rating in excess of 40 percent.

The Veteran's low back disability is currently rated as 40 percent disabling due to the presence of degenerative disc disease and spinal stenosis. The evidence does not support a higher rating based on unfavorable ankylosis or pronounced intervertebral disc syndrome.

The Veteran's current back disability is service-connected, but his previous diagnosis of spondylolisthesis was not found to be related to service.

The Board has determined that the Veteran's osteoarthritis of the lumbosacral spine was not incurred in or aggravated by active military service and may not be presumed to have been incurred as a result of service. The preponderance of evidence is against his claim for service connection.

The Veteran's appeal is remanded for additional development, including obtaining treatment records and providing proper notice.

The Board denied the Veteran's claims for an initial compensable evaluation for left knee strain and service connection for residuals of a sacral injury due to lack of evidence supporting these claims.

The Veteran's degenerative joint disease of the lumbar spine was rated at 20 percent since June 16, 2004. Prior to that date, a higher rating was not warranted.