Back / lumbar spine decisions — 2009

Throughout the rating period, the Veteran's low back disability was characterized by moderate limitation of motion. The Board found that this did not warrant a higher initial disability rating.

The Veteran's residuals of head trauma with headaches, right shoulder disability, and cervical spine disability are currently rated at 30%, 20%, and 20% respectively. The appeals for higher ratings have been granted.

The Veteran's claim for service connection for a back disability was denied as there is no current diagnosis of a chronic back disability and the STRs are silent on any treatment or diagnosis of a back disorder in service.

The Veteran's service-connected lumbosacral strain is currently rated at 40 percent, and the Board found that it does not warrant a higher rating due to lack of ankylosis or significant limitation of motion.

The Veteran's appeal is remanded due to the need for additional development, including obtaining medical records and arranging for a VA examination.

The Veteran's claims for service connection and increased ratings have been denied. The Board found no evidence of amputation or significant disability in the left small finger, right ankle fracture, compression fracture of the lumbar spine, or left knee injury. Service connection was not granted due to lack of evidence of a nexus between these conditions and military service.

The Veteran has withdrawn his appeal for an increased rating for his low back disability.

The Veteran's claim for a higher evaluation for his service-connected low back disability was denied. The RO granted a 40 percent rating effective January 7, 2009.

The Veteran's appeal is being remanded for additional development, including obtaining VA treatment records and Social Security Administration (SSA) records. A new VA examination will also be scheduled to assess the severity of his service-connected low back disability and its impact on employment.

The Veteran's claim for an increased rating for his service-connected low back strain with degenerative disc disease is being remanded due to the need for a new VA examination.

The Board has remanded the case due to the need for a VA examination and VCAA notice, as well as further development of the claim.

The Veteran's service-connected degenerative disc disease of the L5-S1 with chronic strain and peroneus brevis tendonitis of the left foot do not meet the criteria for higher ratings.

The Board has determined that the Veteran's claimed left ankle disability, cervical spine disability, lumbar spine disability, and psychiatric disorder were not incurred or aggravated by active service. The evidence does not support a finding of continuity of symptomatology since service.

The Veteran's claims for increased ratings for left carpal tunnel syndrome and degenerative disc disease of the lumbar spine were denied as there was no evidence to support a higher rating based on current symptoms.

The Board found no evidence of current disabilities for the Veteran's claimed back and shoulder conditions, thus denying his service connection claims.

The Board has reopened the Veteran's claims for service connection for back disability, left knee disability, and schizophrenia. However, it denied the underlying de novo issues of entitlement to service connection.

The Veteran's service-connected disabilities prevent him from performing functions of self-care and may render him unable to protect himself from hazards or dangers incident to his daily environment. The examination is needed to determine if he requires assistance in bathing, tending to hygiene needs, and whether he is substantially confined to his dwelling.

The Board has determined that there is no evidence of a low back disability or kidney disability related to service, and thus the Veteran's claims for these conditions are denied.

The Veteran's claim for increased ratings for his service-connected low back disability was denied. The Board found that the evidence did not meet the criteria for a rating in excess of 20 percent prior to June 16, 2008 and did not meet the criteria for a rating in excess of 40 percent from June 16, 2008.

The Veteran's claim for increased evaluations for his degenerative disc disease of the lumbar spine was denied as he did not meet the criteria for a higher evaluation prior to July 15, 2002 and on or after October 1, 2002.