Back / lumbar spine decisions — 2009

The Board has determined that the Veteran's claimed cervical, right knee, lumbar, right shoulder, and right thumb disorders are not related to service. Hypoglycemia is not a disability or disease associated with service origin.

The Board denied the Veteran's claims for increased ratings and did not address service connection issues, as those were remanded.

The Board has determined that additional development is needed to address the Veteran's claims for service connection for depression and a higher rating for his lumbosacral spine disorder. This includes obtaining private medical records, securing Social Security Administration (SSA) disability determination records, scheduling VA examinations, and providing VCAA notice letters.

The Board denied the Veteran's claims for increased evaluations and service connection, finding that there was no evidence to support a higher rating or secondary service connection. The right foot disability is currently rated as 30 percent disabling.

The Veteran's osteochondrosis thoracolumbar spine is rated at 40 percent effective July 2005, and he is granted a compensable rating for his allergic rhinitis and bilateral hearing loss.

The Board has restored service connection for mid back, thoracic spine strain and right ulnar neuropathy. Service connection for a cervical spine disorder was properly severed due to clear and unmistakable error.

The Veteran's claim for an increased rating for low back strain was denied, and the effective date for a 10 percent disability rating remains at May 3, 2007. The claim for essential hypertension was also denied.

The Veteran's lumbosacral strain and gunshot wound residuals, left thigh, Muscle Group XV, were evaluated at 20 percent and 10 percent respectively. The VA determined that these conditions did not warrant higher ratings based on the current evidence.

The Board has remanded the case for additional development due to incomplete medical records and need for further examination.

The Veteran's appeal has been dismissed as he withdrew his appeals for all issues prior to the Board's decision.

The Board denied the Veteran's claims for service connection for a low back disability and bilateral hearing loss. The decision is final as it was made in July 1999.

The Board finds that the Veteran's current spine disability, diagnosed as degenerative disc disease and spondylosis of the spine, was not incurred in or aggravated by active military service.

The Veteran's current 60 percent rating for his back disability is the maximum evaluation allowed based upon limitation of motion or incapacitating episodes of intervertebral disc syndrome. There is no competent evidence of ankylosis of the spine, radiculopathy of the right or left lower extremity, or any other neurological deficit warranting a separate compensable rating.

The Veteran's claims for service connection were denied across the board. The Board found no current diagnoses of any claimed conditions, and thus could not establish a link between military service and these conditions.

The Board has granted service connection for degenerative joint disease of the cervical spine and degenerative joint disease of the lumbar spine, finding that these conditions are related to the appellant's military service.

The Veteran's initial evaluations for degenerative disc disease of the cervical spine and left arm numbness were denied as they do not meet the criteria for a higher evaluation.

The Board has granted a 40 percent disability rating for the Veteran's service-connected degenerative joint disease of the lumbar spine with healed fractured T12, effective from March 3, 2008.

The Board has denied the Veteran's claim for service connection for low back disability, finding that there is no evidence of a direct or presumptive relationship to service. The Veteran's current low back disability was first noted several years after service and there is no medical opinion linking it to his service-connected bilateral knee condition.

The Veteran's claims for increased ratings for cervical spine strain and lumbar spine strain were denied as he failed to report for scheduled VA examinations.