Back / lumbar spine decisions — 2009

The Veteran's claim for an increased rating for degenerative disc disease of the lumbar spine was granted, with a 60 percent disability rating effective April 20, 2009.

The Veteran's service-connected thoracolumbar strain with degenerative and discogenic disease of L4-5 is rated at 20 percent effective as of November 6, 2003.

The Board found no evidence of a current diagnosis for the Veteran's claimed low back and cervical spine disorders, and thus denied service connection for these conditions.

The Board has granted the Veteran's request to reopen her claim for service connection for a back disability, and has remanded the case for further development.

The Board has determined that the Veteran's lumbosacral spine disability was not incurred in or aggravated by active service, and his migraine headaches are not secondary to a service-connected condition. The claim for service connection is therefore denied.

The Veteran's appeal is being remanded for additional development, including obtaining medical records and scheduling VA examinations to assess the severity of his service-connected conditions.

The Veteran's service-connected degenerative disc disease of the lumbar spine with spinal stenosis is currently rated at 20 percent, effective July 18, 2008. The claim for an increased rating prior to that date and thereafter remains denied.

The Board has remanded the case due to incomplete evidence, including a need for SSA records and VA examination. The Veteran's claims will be reconsidered after all necessary steps are taken.

The Board has requested a VA medical opinion and is remanding the case for further review of new evidence submitted by the Veteran.

The Board has granted a 40 percent rating for the Veteran's low back disability, including intervertebral disc syndrome with bilateral lower extremity radiculopathy. The effective date is not specified as it was previously denied and remanded.

The Veteran's appeal is being remanded for additional development, including obtaining service treatment records and a VA examination to assess the nature and etiology of his claimed knee, neck, and low back disabilities.

The Veteran's claim for service connection was not received until January 5, 2003. The effective date of the award is therefore set to that date.

The Board has denied the Veteran's claims for service connection for a right elbow disorder, a back disorder, and residuals of a right leg fracture due to lack of competent medical evidence establishing a nexus between these conditions and his active military service.,There is no current disability at issue in this appeal.

The Board has reopened the Veteran's previously denied claim for service connection for a back disorder and found that new and material evidence has been received. The Board also determined that there is no link between the Veteran's current back, cervical spine, or bilateral hearing loss conditions and his military service.

The Veteran's intervertebral disc syndrome of the lumbosacral spine warrants a 40 percent rating for impairment of the spine, and separate 20 percent ratings for neurological impairment in both lower extremities.

The Board found that the Veteran's current disc herniation of the lumbar spine is not proximately due to, the result of, or chronically aggravated by his service-connected left knee chondromalacia and right knee chondromalacia. The claim for increased ratings for bilateral knee disorders was also denied.

The Veteran's claims for service connection for various conditions, including PTSD, migraine headaches, respiratory disorder, sinusitis, chronic fatigue syndrome, lumbar disorder, and poor concentration and recall were denied. The Board found no evidence of current disabilities or a relationship to military service.

The Board found that the appellant did not have a diagnosed mental condition, including PTSD. The claims for sexual dysfunction and gastrointestinal conditions were denied as there was no evidence of in-service incurrence or relationship to service. The claim for acid reflux was also denied due to lack of evidence linking it to service. The back condition and tinnitus claims were similarly denied.

The Board has denied the Veteran's claims for service connection for right shoulder, left knee, and left shoulder disorders. The claim for low back disorder was also denied.

The Veteran's right knee and thoracolumbar strain disabilities have been evaluated at the lowest possible rating due to lack of evidence supporting higher evaluations based on functional loss or instability.