Back / lumbar spine decisions — 2009

The Board has determined that the Veteran's lumbar spine disorder is not related to service and therefore denied his claim for service connection.

The Veteran's low back disability, which was initially granted service connection for in October 2004 and rated at 20 percent, is currently rated at 40 percent. The evidence does not support an evaluation in excess of 40 percent based on the current manifestations.

The Board has granted service connection for PTSD, right knee disability, and low back disability. The Veteran's current right knee and low back disabilities are found to be related to his service-connected residuals of a right ankle injury.

The Veteran is seeking an increased evaluation for his service-connected degenerative disc disease of the lumbar spine. The most recent VA examination was in October 2004, and he claims that his lower back condition has worsened to the point where he now experiences severe pain, muscle spasms, and shooting pains down into both legs two to three times per week. He uses a TENS unit for daily pain management and a cane to ambulate. The Board finds that a new VA examination is needed due to the Veteran's testimony of worsening symptoms.

The Board has determined that there is no competent evidence of a back disability or cesarean section during service, and thus the Veteran's claims for these conditions are denied.

The Veteran's initial claim for a higher rating for her right knee disability was granted, but she is still seeking an increased rating. Her lumbosacral spine disorder has been presumed to be service-connected based on the presumption of soundness at entry into military service.

The Board denied service connection for the cause of the Veteran's death, finding that there was no evidence linking his cause of death to a service-connected disability.

The Veteran's increased rating claims for her service-connected back disorder and hypertension are being remanded due to insufficient evidentiary development. She is required to undergo new VA examinations to assess the current level of disability due to her spine disorder and hypertension.

The Board has determined that the Veteran's current back disability and acquired psychiatric disorder, including PTSD, were not incurred in or aggravated by active service. The evidence does not support a finding of direct service connection for these conditions.

The Veteran's claim for higher ratings for his service-connected low back disability was denied. The Board found that the evidence did not meet the criteria for a rating in excess of 20 percent from July 28, 2004 to September 15, 2005 and for a rating in excess of 40 percent from September 16, 2005.

The Veteran's claims for increased evaluations of her service-connected degenerative joint disease of the lumbar spine, shin splints of the left lower extremity, and shin splints of the right lower extremity were denied. The RO found that the current ratings adequately reflected the severity of her disabilities.

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 Board also found that it is at least as likely as not that the Veteran's current low back disability was incurred during his period of active service.

The Board found that the appellant did not have current diagnoses of a cervical spine disorder, low back disorder, left shoulder disorder, or bilateral carpal tunnel syndrome related to his military service. Therefore, service connection for these conditions was denied.

The Veteran's right hip disability claim is being remanded for additional development. Her timeliness of a notice of disagreement with the denial of service connection for degenerative disc disease of the upper lumbar spine issue is also under review.

The Veteran's increased rating claims for his service-connected lumbar spine disability and loss of sensation in the hand were denied. The Board found that the evidence did not meet the criteria for a higher rating under the applicable diagnostic codes.

The Board is remanding the case to comply with VCAA requirements and to determine whether new and material evidence has been submitted to reopen the determination that his discharge is a bar to VA benefits.

The Veteran's appeal is being remanded for further development of the record, including obtaining additional private treatment records and scheduling VA examinations to assess his service-connected disabilities.

The Veteran's low back disability limits his range of motion to 42 degrees flexion with severe end range pain, warranting a 20 percent disability rating.

Throughout the rating period on appeal, the Veteran's lumbar disability has been productive of complaints of pain and muscle spasms; objectively her flexion is limited no worse than 45 degrees and there is no demonstration of ankylosis. The Board finds that the evidence does not support a higher evaluation for the Veteran's service-connected lumbar strain.

The Veteran's claims for service connection for bilateral hearing loss, neck disability, and back disability were denied. The Board found that there was no competent evidence of current disabilities or a nexus between the claimed conditions and service.