Back / lumbar spine decisions — 2009

The Veteran's service-connected chronic lumbosacral strain with degenerative disc disease and osteoarthritis is rated at 20 percent, the maximum available under the General Rating Formula for Diseases and Injuries of the Spine. The residuals of left hip contusion are not shown to warrant a higher rating.

The Board denied the Veteran's claims for service connection for a back disorder, right leg disorder, prostate cancer as a result of exposure to ionizing radiation, bilateral hearing loss, and tinnitus due to lack of evidence linking these conditions to his military service.

The Board has determined that the Veteran's claims for service connection for a deviated nasal septum and disability exhibited by low back and left side pain have been denied as new and material evidence was not submitted to reopen these previously denied claims.

The Board found that the Veteran's low back disorder existed prior to service and was not aggravated by active duty. The hearing loss claim is also denied.

The Veteran's appeal has been withdrawn, and the case is dismissed.

The Veteran's back disability, specifically post-operative laminectomy with removal of L4 intervertebral cartilage followed by spinal fusion residuals of a sacrociliac strain with degenerative joint disease, was granted an increased evaluation from 40% to 100% effective January 26, 2007. The current rating remains at 40% for the period after April 1, 2008.

The Board has determined that the Veteran's current low back disability is not related to service and therefore denied his claim for service connection.

The Board has determined that the Veteran's lumbosacral strain had its onset in active service and is related to his military service, granting service connection for this condition.

The Board has granted service connection for a mild disc bulge and posterior ligamentous hypertrophy at L4-L5 and a mild disc bulge at L5-S1, as well as right ankle arthralgia, both of which are considered to be related to the Veteran's in-service injuries.

The Veteran's claim of entitlement to service connection for a back condition is being remanded due to the need for an examination and medical opinion regarding the etiology of his current back condition.

The Board has determined that the Veteran's degenerative changes of the lumbar spine at L2-3 and L5-S1, as well as his right foot disorder, to include a heel spur and sensory neuropathy, are not service-connected due to lack of evidence showing their onset or relationship to his service-connected paralysis of the left peroneal nerve with complete left foot drop.

The Board found that the Veteran's current lower back disability is not related to his time in service and denied his claim for service connection.

The Veteran's claim for an evaluation in excess of 10 percent for degenerative disc disease of the cervical spine was denied. The disability is currently rated at 10 percent.

The Veteran's claim for an increased evaluation of his lumbosacral strain was denied. The Board found that the preponderance of evidence did not support a higher rating based on current criteria, as his condition did not meet the requirements for a higher evaluation under the applicable Diagnostic Codes.

The Board has remanded the case for another VA orthopedic examination, excluding Dr. Ford and the May 2003 examiner, to determine the nature and likely etiology of the Veteran's claimed low back, left hip, and right knee disorders.

The Board denied the Veteran's claims for service connection for various conditions, including heart disease, kidney disorder, liver disorder and hepatitis B, low back disorder, headaches, and a psychiatric disorder other than PTSD. The appeals were all dismissed as new evidence was not submitted to reopen these claims.

The Board has determined that a VA examination is necessary to determine if the Veteran's current cervical and lumbar spine arthritis is related to his in-service complaints of back and neck pain. The case will be remanded for this purpose.

The Board has granted service connection for degenerative disc disease of the lumbar spine, spinal stenosis and anterolisthesis. The appellant's adjustment disorder with mixed anxiety and depressed mood is also found to be related to his service-connected condition. Service connection was denied for an increased rating for residuals of injury to the fourth finger and index finger of the left hand.

The Board has remanded the case for further development, including obtaining medical records and scheduling a VA examination.

The Veteran's claim for a higher rating for his lumbosacral strain disability was denied as the evidence did not show that his disability warranted a rating higher than 20 percent.