Back / lumbar spine decisions — 2009

The Veteran's claims for increased ratings were granted, with the effective date being May 23, 2009.

The Board denied the Veteran's claims of service connection for a lumbosacral spine disability and bilateral knee disabilities, finding that new and material evidence had not been submitted to reopen these claims.

The Veteran's left inguinal hernia is found to be service-connected. The low back disorder, including lumbosacral strain and minimal arthritis, is not service-connected.

The Board has determined that there is no competent evidence linking the Veteran's current back disorder to his active service, and thus denied his claim for service connection.

The Veteran's appeal is remanded for additional examinations to determine the nature and etiology of her claimed back disorder, as well as the current level of severity of her service-connected GERD.

The Veteran's claim for an increased rating and earlier effective date for his service-connected chronic low back pain with small L5-S1 disc herniation have been granted. The initial disability evaluation remains at 20 percent, but the effective date has been advanced to December 2, 2004.

The Veteran's service-connected bursitis of the shoulders and residuals of an upper back injury are currently rated at their maximum levels. The VA examiner will assess whether these conditions, especially his bursitis of the shoulders and residuals of an upper back injury, preclude him from obtaining and maintaining any form of gainful employment consistent with his education and occupational experience.

The Board has remanded the case for additional development, including obtaining service medical records and personnel records. The appellant's claims for service connection are pending.

The Board denied the Veteran's claims for service connection for tinnitus and low back condition, finding no evidence linking these conditions to his military service.

The Board has remanded the case due to incomplete records and need for further examination. Service connection will be reconsidered based on new evidence.

The Board has granted service connection for the Veteran's bilateral knee disability, fibromyalgia, cervical spine disability, lumbar spine disability, left carpal tunnel syndrome, and thoracic outlet syndrome.

The Veteran's claims for increased ratings were denied, and the issues of service connection and reopening a previously denied claim were addressed. The Board found that new and material evidence had been submitted to reopen the claim for degenerative joint disease of the thoracic spine, and granted service connection for this condition. Service connection was also granted for degenerative disc disease of the lumbar spine and numbness and tingling of the bilateral legs as secondary to service-connected mechanical low back strain. The Veteran's sarcoidosis of the thighs, arms, and legs and pulmonary sarcoidosis were both rated at 30 percent.

The Board has determined that the Veteran's low back disability is service-connected, as it is more likely than not caused by his military service. The left leg varicose veins are not service-connected due to lack of evidence showing their onset in service.

The Veteran's lumbar spine disability was rated at 20 percent prior to February 20, 1997. The Board found that an evaluation in excess of 20 percent is not warranted for this period.

The Veteran's service-connected low back strain with bilateral sacralization of L5 is currently rated at 10 percent, but the evidence does not support a higher rating based on current range of motion and no associated neurological abnormalities.

The Board found no evidence of a current low back disability or ulcer, and thus denied the Veteran's claims for service connection.

The Board denied the Veteran's claims for service connection for chronic bilateral hip and low/mid-back disorders, finding no evidence of a nexus between his current conditions and active duty service.

The Veteran's low back disability was found to not meet the criteria for higher ratings from December 14, 2004 to May 23, 2007. From May 24, 2007 onwards, her disability has been rated at 10 percent for lumbosacral strain and 10 percent each for radiculopathy in the left and right lower extremities.

The Veteran's claims for increased rating of right knee disability and extension beyond January 31, 2006, of a temporary total rating for convalescence following right knee surgery were denied. The claim for service connection for low back disability was not addressed as it is considered 'unknown' whether the appeal is about service connection at all.

The Veteran's claim for service connection for degenerative disc disease and degenerative joint disease of the lumbar spine has been reopened. The Board finds that VA must consider whether this condition is secondary to his service-connected low back strain.