Back / lumbar spine decisions — 2009

The Veteran's service-connected disabilities do not render him unemployable, and his claim for a TDIU is denied.

The Board has determined that the Veteran's claimed conditions are not related to her service, and thus denied all of her claims.

The Veteran's low back disability was found to be related to his second period of active service, and he is now rated at 30 percent for this condition. The rating for posttraumatic stress disorder remains unchanged.

The Veteran's service-connected disabilities prevent him from successfully achieving his chosen vocational goal of obtaining a Master's degree in teaching, and it is not reasonably feasible for him to do so.

The Board finds that the Veteran's current low back disability, including lumbosacral strain and discogenic disease, is not attributable to service. The preexisting injuries in service did not result in a chronic condition.

The Veteran's lumbosacral strain has not met the criteria for a higher rating since September 26, 2003. The disability does not include vertebral fracture, ankylosis, severe limitation of motion, or incapacitating episodes. As such, her current rating of 20% is maintained.

The Veteran's service-connected lumbar spine disability was initially evaluated as 10 percent disabling from April 25, 1995 until September 7, 1999 and again from December 1, 1999 until January 23, 2007. The evaluation was increased to 40 percent effective January 23, 2007.

The Board found no evidence that the Veteran's current chronic back disorder was incurred or aggravated by service, and denied his claim for service connection.

The Board has determined that the Veteran's low back and cervical spine disorders are not related to his military service, thus denying service connection for these conditions.

The Board denied service connection for a neck disability and left arm bicep tendon rupture, finding that the Veteran's current disabilities are not related to his service-connected left shoulder disability.,Service connection was also denied for a rating in excess of 20 percent for residuals of traumatic dislocation of the left AC joint with shoulder arthritis.

The Veteran's low back disability is rated at 40 percent, effective January 12, 2005. His left knee disability remains at a noncompensable rating. The claim for an earlier effective date for the migraine headaches with syncope was granted and set to August 19, 2002.

The Veteran's claims for service connection on multiple conditions have been remanded due to procedural issues.

The Veteran's degenerative disc disease at L4-L5 and L5-S1 is currently rated at 20 percent, which is the maximum schedular rating available for this condition. The claim for service connection of cervical spine and right shoulder conditions as secondary to the service-connected degenerative disc disease at L4-L5 and L5-S1 remains pending.

The Veteran's claims for increased ratings were denied. The Board found that the Veteran is entitled to a higher disability rating of 20 percent for his right shoulder rotator cuff tear, but denied all other claims.

The Board has reopened the claim of entitlement to service connection for a lumbar spine condition. The Veteran's bilateral knee disabilities are also being evaluated, and a new VA examination is needed to assess their current severity.

The Veteran's bilateral pes planus has been rated as 10 percent disabling since September 20, 2004.,Service connection for a low back disorder was denied as there is no evidence of a current disability.

The Veteran's DDD of the cervical spine is rated at 30 percent, reflecting limited forward flexion and no incapacitating episodes or significant neurological impairment.

The Veteran's claims for increased ratings for his cervical spine and lumbar spine disabilities are being remanded to allow for additional development, including a new VA examination.

The Board found no competent medical evidence linking the Veteran's current low back disorder to his active service, and denied his claim for service connection.

The Board has determined that the VA did not obtain all relevant service treatment records and is therefore remanding the case for further action, including obtaining reserve unit records from a specific location in Pennsylvania.