Back / lumbar spine decisions — 2009

The Veteran's service-connected lumbar spine disability is rated as 10 percent disabling prior to June 19, 2007 and as 40 percent disabling since that date. The Veteran also has bilateral radiculopathy associated with his lumbar spine disability.

The Veteran's claims for service connection for malaria, a low back condition, and peripheral neuropathy are denied as there is no current disability or evidence of in-service disease.

The Veteran's claim for an increased rating for his service-connected degenerative disc disease, lumbar spine is being remanded due to the need for additional medical records and examination.

The Board has determined that the Veteran's low back disorder is not service connected, either directly or as secondary to his service-connected knees and hips.

The Veteran's claim for a rating in excess of 10 percent for his lower back disability was denied as the evidence did not support an increase in disability beyond what is currently rated.

The Board has reopened the Veteran's claim for service connection for spondylosis of the lumbar spine, but denied it on the merits. The evidence does not establish a direct relationship between the Veteran's current back conditions and his military service.

The Board has denied the Veteran's claims for service connection for a mental disorder and lower back disorder, finding no evidence of such conditions during or within one year after service. The Veteran's current conditions are not related to his military service.

The Board has ordered additional development due to the need for evidence regarding whether the Veteran's lumbosacral strain is related to his active duty service.

The Veteran's claims for increased evaluations of his cervical spine, lumbosacral spine, and bilateral flat feet disabilities were denied. The claim for PTSD was also denied.

The Board denied the Veteran's claims for service connection for lumbar spine disorder, cervical spine disorder, basilar artery stenosis, GERD, and HCV. The Board found that these conditions were not incurred in or aggravated by his military service.

The Board denied the Veteran's claims for service connection for a left knee disability and a back disability, finding that new evidence did not reopen his previously denied claim for a back disability. The Board also found that the Veteran's current left knee disability was not caused by or aggravated by his service-connected right knee disability.

The Veteran's lumbosacral DDD with history of strain was granted a 20 percent rating effective March 15, 2006. The claim for higher ratings remains pending.

The Veteran's appeal is being remanded for further evaluation of his cervical spine degenerative disc disease and right (major) fifth metacarpal fracture residuals.

The Board denied service connection for thoracic and lumbar degenerative disc and joint disease, finding no evidence linking it to the Veteran's military service or his service-connected neck strain. The claim for cervical degenerative disc and joint disease was not reopened as new and material evidence was not submitted.

The Veteran's degenerative disc disease of the lumbar spine is currently rated at 20 percent, effective June 6, 2008. The previous rating was 10 percent.

The Board found that the Veteran's current low back disability did not begin during service and is less likely than not related to military service or any event or condition of military service.

The Veteran's lumbar spine disability is currently rated at 20 percent since February 14, 2008.

The Board denied service connection for hepatitis C and a low back disorder, finding no evidence linking these conditions to active military service.

The Board has granted service connection for the Veteran's degenerative disc disease of the cervical spine. The claim for residuals of an injury to the thoracic-lumbar spine is remanded due to incomplete examination.

The Veteran's appeal is being remanded for additional development, including obtaining updated VA treatment records and Social Security Administration (SSA) records. He also needs to be scheduled for examinations to assess the severity of his service-connected low back disability, bilateral chondromalacia patella, and GERD.