Back / lumbar spine decisions — 2009

The Veteran's service connection claims for residuals of dental trauma, PTSD, and secondary service connection for a lumbar spine disorder are all granted. The cervical spine disorder claim under 38 U.S.C.A. § 1151 is denied.

The Board has remanded the case for further development, including scheduling a VA examination and preparing a statement of the case on the issues of service connection for cervical spine disability and lumbar spine disability.

The Veteran's claim for service connection for chest contusion residuals was denied in a prior decision. The current case does not involve this issue.,Service connection is granted for lumbar spine degenerative joint disease, as the evidence supports that it is related to injuries sustained during active service.

The Board denied the Veteran's claims for an increased rating for his lumbar strain and service connection for a psychiatric disorder, including depression, as secondary to his service-connected lumbar strain. The evidence did not support the existence of any current acquired psychiatric disorder.

The Board has determined that the Veteran's claimed conditions are not related to his service and therefore denied all of his claims for service connection.

The Veteran's appeal is being remanded for additional development of his claims, including obtaining medical records and scheduling a VA examination.

The Veteran's service-connected traumatic arthritis of the left elbow is rated at 10 percent, and his DJD of the lumbar spine is currently rated at 20 percent. Both conditions are denied for higher ratings.

The Veteran's lumbar spine IVDS disability is rated at 20 percent, and his neuropathy of the left and right lower extremities are also rated at 20 percent each. The ratings reflect the current level of impairment due to decreased range of motion and associated symptoms.

The Board denied the Veteran's claims for service connection for a low back disorder and for VA compensation for dental disability, finding that new and material evidence had not been submitted to reopen the low back disorder claim and that the Veteran's fillings did not constitute a compensable dental disability.

The Veteran's claims for service connection have been reopened, but the new evidence does not provide sufficient material to substantiate his claims for right wrist and cervical spine disabilities. His kidney disorder and low back disability are still under consideration.

The Board denied the Veteran's claim for service connection for osteoarthritis and degenerative disc disease of the cervical spine in March 2005. The Court affirmed this decision, and the Veteran appealed to the BVA. New evidence submitted since the last denial does not relate to an unestablished fact necessary to substantiate the claim.

The Board has determined that new and material evidence has been submitted to reopen the Veteran's claim for service connection for a low back disability. However, the claim remains denied as there is no competent evidence linking any current right knee disability to service.

The Veteran's claims for service connection for various conditions have been denied. The Board found no evidence of current disabilities or a link to service.

The Veteran's claims for service connection for erectile dysfunction, degenerative disc disease of the lumbar spine, right hip strain with residuals, patellofemoral syndrome of the left knee, and patellofemoral syndrome of the right knee were denied. The claim for SMC based on need for aid and attendance or being housebound was withdrawn by the Veteran. The claims for vocational rehabilitation benefits, specially adapted housing, and TDIU due to service-connected disability were also withdrawn.

The Board found that the Veteran's service-connected lumbosacral strain warranted a rating of 20 percent, and granted a separate 10 percent rating for neurological manifestations in his right lower extremity. The claim for left wrist disorder was denied.

The Board denied entitlement to an extraschedular evaluation for chronic lumbosacral strain and the residuals of a compression fracture of the T-12 vertebra, finding that the available schedular evaluations adequately described the Veteran's disability level.

The Board has determined that the Veteran's current low back disability was not incurred in service and is not caused or aggravated by a service-connected bilateral knee disability.

The Veteran's service-connected lumbar spine disorder is currently rated at 40 percent disabling. The Board has assigned a higher rating of 40 percent, effective as of November 14, 2007.

The Veteran's low back disability is currently rated at 20 percent effective June 28, 2008. The appeal for a higher rating prior to that date remains denied.

The Veteran's low back disability is currently rated at 10 percent, and the Board finds no basis to increase this rating.