Back / lumbar spine decisions — 2009

The Veteran's service-connected low back syndrome with multi-level osteoarthritis of the lumbosacral spine was granted a 40 percent rating effective May 12, 2009.

The Veteran's claims for service connection for right wrist, cervical spine, left hip, and lumbar spine disabilities are denied. The issues of service connection for headaches (secondary to a cervical spine disability) and temporomandibular joint disorder remain pending.

The Board found that the Veteran's hemorrhoids do not meet criteria for a compensable rating, and her cervical spine degenerative disc disease with residual headaches does not warrant an evaluation in excess of 10 percent.

The Board has granted the Veteran's claim of service connection for a low back disorder, finding that it is aggravated by his service-connected pes planus.

The Veteran's claims for increased ratings for his lumbar spine disorder and bilateral wrist tendonitis disorders are being remanded due to the need for additional development of medical records and examinations.

The Board has determined that a VA examination is needed to determine the nature and etiology of any current low back disability, as well as whether the Veteran's acquired psychiatric disabilities are related to service. The case will be remanded for these purposes.

The Board found that the Veteran's claimed disabilities, including residuals of a head injury and lumbar spine degenerative joint disease with foraminal stenosis, were not incurred or aggravated by service. The VA examiner concluded that there was no causal relationship between these conditions and his military service.

The Veteran's claims for service connection for a right ankle condition and left ankle condition were denied. The Veteran was granted an initial 20 percent disability rating for lumbar strain myositis but not higher. His claim for an increased rating for his right knee status post meniscal repair and anterior cruciate ligament rupture, with residual pain was denied. Service connection for hepatitis C was also denied. He was denied a compensable rating for bilateral tinnitus and for bilateral, moderate, sensorineural hearing loss.,The Veteran's claims for service connection for a left ankle condition and right shoulder disability were denied. The Veteran was granted an initial 10 percent disability rating for status post repair of rotator cuff and labral tear and impingement syndrome of the right shoulder but not higher. His claim for hepatitis C was also denied. He was denied a compensable rating for bilateral tinnitus and for bilateral, moderate, sensorineural hearing loss.

The Veteran's appeal for TDIU was withdrawn. The claims for increased ratings for left knee disabilities and service connection for various nerve disorders were dismissed due to lack of evidence or legal merit.

The Board has determined that the Veteran does not have a low back disability due to service and finds no evidence of a current psychiatric disability. The claim for an increased rating for the service-connected psychiatric disability is denied.

The Veteran's claim for an initial evaluation in excess of 10 percent for spondylosis and wedging, thoracolumbar spine is being remanded due to the need for additional development.

The Board has remanded the case for the Veteran to be scheduled for a hearing before a Veterans Law Judge, and then return the claims folder to the Board.

The Veteran's service connection claims for headaches, back condition, and pinched nerve, neck are all granted.

The Veteran's claim for an increased rating for his service-connected lumbosacral spinal stenosis was denied as the evidence did not show any additional impairment warranting a higher rating.

The Veteran's claims for bilateral ear infections, low back strain, and stomach condition (GERD) have been denied. The stomach condition claim is remanded for further development.

The Veteran's appeal is being remanded for additional development, including obtaining updated VA treatment records and scheduling a VA examination to determine the relationship between his claimed conditions and military service.

The Board has determined that the Veteran's low back disability, diagnosed as chronic lumbar sprain and possible midline herniation at L4-5 level with mild bulging of L3-4 discs, is service-connected due to its onset during active duty service. The evidence supports this finding.

The Board has granted service connection for an acquired psychiatric disorder, diagnosed as anxiety disorder not otherwise specified. The claims for hypertension, low back pain, and leg cramps are remanded for additional development.

The Board has determined that the Veteran's current low back pain, diagnosed as degenerative disc disease of the lumbar spine with retained metallic fragments, is related to his service-connected shrapnel wounds and thus service connection for this condition is granted.

The Veteran's appeal for additional vocational rehabilitation training benefits has been withdrawn, and the case is dismissed.