Back / lumbar spine decisions — 2009

The Veteran's cervical spine disability is rated at 20 percent, and he has a separate rating for mild incomplete paralysis of the left upper extremity radicular groups. The Veteran does not have ankylosis or incapacitating episodes that would warrant higher ratings.

The Veteran's claim for increased ratings for lumbar radiculopathy of the lower extremities was granted, with a rating of 40 percent for each condition. The claim for an increased rating for lumbar disc herniation remains pending.

The Veteran's service-connected residuals of a lumbosacral strain and cervical strain have been rated at 40 percent each since September 10, 2002. The Board found that the current evaluations are appropriate based on the severity of his symptoms.

The Veteran's claims for service connection for various conditions, including chronic fatigue syndrome, eczema, sleep disturbance, headaches, gastrointestinal disability (GERD), muscle and joint pain, and lumbar degenerative disc disease, were denied as the evidence does not support a relationship to service or an undiagnosed illness.

The Veteran's appeal is being remanded for additional development to determine the nature, extent and etiology of any psychiatric disability, low back disorder, and disabilities manifested by headaches, sleepiness, poor memory and concentration, and sexual dysfunction.

The Board has determined that the Veteran's current lumbar and cervical spine disabilities are not related to his service, including a fall aboard the USS Samuel Gompers. The claims for service connection have been denied.

The Veteran's degenerative disc disease of the lumbar spine is aggravated by his service-connected left and right knee disabilities, warranting service connection for this condition.

The Board has granted the Veteran's request to reopen his claims for service connection for PTSD and a back condition, but denied reopening of his claim for heart condition. The Veteran was found to have engaged in combat during his Vietnam service, which supports his claim for PTSD. His back condition is also supported by evidence showing he participated in combat operations and had an in-service injury.

The Board has determined that service connection is not warranted for tinnitus and low back disability. The Veteran's PTSD claim remains pending.

The Veteran's service-connected lumbar spine disability is currently rated at 40 percent, effective from September 1, 2004. The Board has determined that the Veteran's radiculopathy of the right and left lower extremities warrants separate 10 percent ratings.

The Board has determined that new and material evidence has been presented to reopen the claims for service connection for sinus disorder, migraine headaches, back disorder, kidney disorder, and acquired psychiatric disorder (previously considered as PTSD). The Veteran's current diagnoses of these conditions are supported by recent VA treatment records. However, the claim for service connection remains denied due to a lack of evidence establishing a nexus between her military service and these disorders.

The Veteran's service-connected thoracic spine degenerative disc disease is currently rated at 10 percent, and his left ear hearing loss is rated as non-compensable. The Board found that the evidence did not support a higher rating for either condition.

The Veteran's appeal is being remanded for additional development, including a VA examination to determine the etiology of his back disability and whether it is related to service-connected knee disabilities.

The Veteran's claims for service connection for right knee and leg disabilities, as well as a lower back disability secondary to his service-connected scars from the right knee, are being remanded due to insufficient examination regarding the etiology of these conditions.

The Board denied the Veteran's claim for an initial disability rating in excess of 10 percent for her lumbar strain, finding that under the applicable rating criteria, a 10 percent rating was appropriate based on the current symptoms and range of motion.

The Board has granted a 100% rating for schizophrenia and reopened the Veteran's claims of service connection for arthritis of the low back, knees, cervical spine, left hip, right femur, left femur, right hand, left hand, right wrist, left wrist, and left shoulder. The Veteran is also entitled to an increased rating for pseudofolliculitis barbae and pes planus.

The Board denied the Veteran's claims for service connection for hypertension with nephrotic syndrome, low back disorder, and a psychiatric disorder. The evidence did not support these claims.

The Board has determined that the Veteran's lumbosacral strain warrants a 20 percent evaluation effective August 15, 2001.

The Board denied service connection for cervical spine and lumbar spine disorders, and did not assign a rating for the Veteran's skin disorder (tinea versicolor) as it was found to be less than five percent of his entire body or exposed areas affected.

The Board has determined that the submitted evidence does not raise a reasonable possibility of substantiating the claim for service connection for a back disorder, and thus the appeal to reopen the claim is denied.