Back / lumbar spine decisions — 2009

The Veteran's appeal is for increased ratings for service-connected degenerative joint disease of the cervical spine, lumbar spine, and right knee. The RO has granted service connection and assigned a single initial disability rating of 20 percent from March 1, 2004. During the course of the appeal, separate ratings were assigned to each condition. The Veteran's claim for increased ratings remains denied.

The Board has denied the reopening of the appellant's claims for service connection due to lack of new and material evidence.

The Veteran's cervical spine and thoracic spine conditions have been granted a disability rating of 40 percent, effective as of the date of this decision. The lumbar spinal stenosis condition has also been granted a disability rating.

The Board has remanded the case for additional development, including obtaining service records and medical evidence.

The Board has denied the Veteran's claims for service connection for a low back disorder and a psychiatric disorder, finding that there is no competent medical evidence relating these conditions to military service.

The Board has reopened the claim for service connection for polyarthralgias. Additional development is needed to address claims for other conditions, including depressive disorder, shoulder disorders, stomach issues, prostate problems, and lumbar spine issues.

The Veteran's service-connected synovitis of the left hand and fifth finger is rated as noncompensable under DC 5156, which rates amputation of the little finger without metacarpal resection. The evidence does not support a higher rating.,There is no medical evidence linking bilateral hearing loss to service or any other in-service noise exposure. The Veteran's first reported onset of bilateral hearing loss occurred approximately 24 years after his separation from active duty.

The Veteran is granted service connection for right ear hearing loss, but denied service connection for low back disorder and facial pain (manifested by).

The Board has determined that the Veteran does not have a current diagnosis of bilateral hearing loss, PTSD, left foot disorder, right foot disorder, right hip disorder, right knee disorder, or right leg disorder for VA purposes. As such, service connection is denied for all claims.

The Board denied the Veteran's claims of service connection for a lower back disorder and asthma, finding that there was no evidence to support these conditions were incurred or aggravated by military service.

The Veteran's service-connected disabilities do not render him unemployable, as he is capable of performing the physical and mental acts required by employment.

The Board denied the appellant's claims of service connection for a right hand disorder and low back disorder, finding that there was no evidence to support these claims. The claim for an initial evaluation greater than 30 percent for PTSD was also denied.

The Veteran's claims for service connection for degenerative joint disease of the lumbar spine and PTSD were denied as there is no medical evidence linking these conditions to his active military service.

The Board found that the October 2002 administrative decision, which determined that the appellant's bad conduct discharge did not constitute a bar to VA benefits, was not clearly and unmistakably erroneous. The RO had considered all relevant facts at the time of the decision.

The Board has granted a 20 percent rating for the Veteran's degenerative disc disease of the lumbar spine and anteriolisthesis at L5-S1, effective as of August 29, 2008. The previous initial 10 percent rating is maintained.

The Board has determined that the Veteran's right and left hip disabilities, including his bilateral hip replacements, as well as his lumbar spine spondylosis with stenosis, were not incurred or aggravated during active service.

The Board found that the Veteran's back disorder did not have its onset during active service or within one year thereafter, and is not related to an in-service disease or injury. Therefore, the claim for service connection was denied.

The Board has determined that the Veteran's low back strain and chondromalacia of the right knee are as likely as not related to service, with reasonable doubt resolved in favor of the claimant.

The Board found that the appellant's low back disability was not incurred or aggravated by service and denied his claim.

The Board has remanded the case for further development due to incomplete opinions from the VA examiners.