Back / lumbar spine decisions — 2009

The Board denied service connection for a back disorder and did not assign a compensable evaluation for the left foot fracture.

The Veteran's left knee replacement, right and left hip disorders, and low back disorder are found to be related to service. The claims for these conditions have been reopened and granted.

The Board has remanded the Veteran's claims for higher ratings for his service-connected left knee and lumbar spine disabilities due to a lack of recent VA examinations, and requests that he provide authorization for VA to obtain private medical records from Dr. Andrade.

The Board has determined that the Veteran's service-connected anxiety reaction with headaches contributed to his death by causing or contributing to heart failure.

The Board denied service connection for a back disorder, residuals of a head injury including choroid cyst and blackouts, tinnitus, right ear hearing loss, and left ear hearing loss. The decision also noted that the Veteran's claim to reopen his previous denial was not supported by new and material evidence.

The Veteran's nonservice-connected disabilities do not meet the criteria for special monthly pension based on need for aid and attendance of another person or housebound status.

The Board denied the Veteran's request to reopen his claim for service connection for a lumbar spine disorder and also denied his request for an increased disability rating for his left hand dorsum scars.

The Board has determined that the Veteran does not have a current diagnosis of chronic low back, left knee, or right knee disabilities. Therefore, service connection for these conditions is denied.

The Veteran's lumbosacral strain with central disc protrusion at L4-L5 has been manifested by forward flexion limited to 80 degrees, without any incapacitating episodes within the past year and no ankylosis. The current rating of 10 percent is appropriate given these findings.

The Board has decided that additional development is needed to determine if the Veteran currently has a lumbar spine disability and its etiology, as well as whether service connection should be granted.

The Veteran's appeal is remanded for obtaining his medical records from the Cleveland VA medical center and Dr. H.T., M.D., as well as scheduling a VA examination to determine the etiology of his sleep apnea.

The Veteran's thoracolumbar disc disease was initially rated at 10 percent and granted service connection effective May 30, 2006. From November 1, 2007, the disability is rated at 20 percent.

The Veteran's service-connected disabilities have been evaluated, and the appeal is denied as there are no new or material issues to reopen. The current evaluations for each condition remain unchanged.

The Board denied the Veteran's claims for service connection for headaches and low back disability, as well as his claim for an earlier effective date for the award of service connection for degenerative joint disease of the left hip. The initial evaluation for this condition was also denied.

The Board denied service connection for a psychiatric disorder, erectile dysfunction, neuropathy of the lower extremities, gastroesophageal reflux disease (GERD), and lumbosacral spine disability. The appellant is not entitled to these claims as his conditions are not related to his military service.

The Veteran's claims for increased evaluations of his service-connected disabilities have been denied due to failure to report for scheduled VA examinations. The criteria for specially adapted housing and automobile/adaptive equipment grants are not met.

The Veteran's low back disability was initially rated at 20 percent effective December 1, 2003. The June 2006 Decision Review Officer (DRO) decision increased the initial rating to 40 percent effective December 1, 2003.

The Board has granted the Veteran's claims of service connection for cervical, thoracic, and lumbar spine disabilities.

The Veteran's thoracolumbar spine disability has been objectively shown to be manifested by no more than functional thoracolumbar spine limitation of motion, with pain and other residuals. An initial evaluation in excess of 20 percent is not warranted.

The Veteran's appeal was denied as her recurrent low back strain status post L5-S1 diskectomy did not meet the criteria for an evaluation in excess of 40 percent.