Back / lumbar spine decisions — 2009

The Veteran's lumbosacral strain was initially granted service connection and rated at 10 percent as of May 6, 2004. In September 2006, the rating was increased to 20 percent effective from May 6, 2004.

The Veteran's appeal is being remanded for additional development, including obtaining medical opinions and evidence regarding his service connection claims and the deep vein thrombosis claim.

The Veteran died in October 2005 from intracranial hemorrhage due to, or as a consequence of, hypertension. The RO will need to provide proper notice and obtain a medical opinion regarding the cause of death and its relation to service-connected conditions.

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 Veteran's claims for increased ratings for bilateral foot frostbite and entitlement to a total disability rating based on individual unemployability due to service-connected disabilities were dismissed as the substantive appeals were not timely filed.

The Board has determined that the Veteran's low back disability is aggravated by his service-connected right knee disability, and thus grants service connection for this condition on a secondary basis.

The Veteran's claims for service connection for a back disorder and right knee disorder, including as secondary to his service-connected left knee condition, are denied. The claim for an acquired psychiatric disorder is also denied.

The Veteran's claims for increased ratings were denied. The Board found that the Veteran did not meet the criteria for a higher rating under the applicable VA rating criteria.

The Board found that the appellant's current low back disorders are not related to his service, including a 1968 explosion in Vietnam. The claim was denied as there is no evidence of an in-service injury or disease resulting in the current conditions.

The Veteran's low back disability has been rated at 40 percent since August 28, 2008. The effective date of this rating is August 28, 2008.

The Board has denied the Veteran's claim for service connection for residuals of a perforated eardrum. The appeal regarding his low back disability and earlier effective date for spouse addition is remanded.

The Board found that the Veteran's back disability, degenerative changes of the lumbosacral spine, was not caused by or made worse by his service-connected residuals of a left ankle fracture.

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

The Board found that the Veteran does not have a currently diagnosed lumbar spine disorder that is causally or etiologically related to his military service, and specifically denied service connection for this condition.

The Veteran's claims for increased ratings are being remanded due to the need for additional examinations and consideration of his service-connected disabilities.

The Veteran's appeal is being remanded due to the need for a statement of the case regarding increased ratings for chronic low back syndrome with disc degeneration and right second metacarpal fracture residuals.

The Board has remanded the claims for additional development due to the need for medical nexus opinions on the Veteran's back disability, sinusitis, and skin rash.

The Board has determined that the Veteran's current low back disability, diagnosed as low back sprain and degenerative disc disease of the lumbosacral spine, is a pre-existing condition that was aggravated by military service. The Veteran's right and left foot disabilities are also found to be related to his period of active duty.

The Veteran's claims for a back disorder, left great toe fracture, and pseudofolliculitis barbae were all granted with compensable ratings.

The Veteran's low back disability was initially rated at 10% effective April 3, 2007. His benign essential tremors of the left and right hands were not separately evaluated as they are part of his service-connected low back disability.