Back / lumbar spine decisions — 2009

The Veteran's service-connected low back disability is currently rated at 20 percent, effective November 6, 2008. The Board has determined that a rating in excess of 40 percent is warranted as of this date.

The Veteran's appeal has been dismissed due to his death during the pendency of the appeal.

The Veteran's back disorder and alcohol and drug abuse claims are denied as there is no causal link to service. The TDIU claim is also denied due to the absence of a service-connected disability.

The Veteran's service-connected lumbar and thoracic back strain with degenerative changes is currently rated at 20 percent, but the Board finds that there has been no increase in severity during the one-year period prior to October 12, 2004. The effective date for the increased rating remains unchanged.

The Board finds that the Veteran is not entitled to fee-basis surgical placement of an intrathecal pain pump, nor is she entitled any maintenance or medication refills for the pain pump currently implanted. Thus, the claim is denied.

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

The Board has determined that the Veteran does not meet the criteria for service connection for any of the conditions listed in his claims. The VA made all reasonable efforts to assist him, but he failed to report for scheduled examinations and missed a hearing.

The Veteran's appeal is being remanded for scheduling a Travel Board hearing and issuing a Statement of the Case on his PTSD claim.

The Board has remanded the case for further development due to issues related to reopening a claim for service connection and rating for knee disabilities.

The Board dismissed the appeal of whether there was CUE in a December 24, 1963 rating decision. The claim for service connection for low back disability was denied as new and material evidence had not been received to reopen it.

The Veteran is seeking service connection for degenerative joint disease of the right and left feet, as well as a lumbar spine disability. The Board has determined that further medical examination is needed to determine the nature and likely etiology of these conditions.

Service connection has been granted for post-traumatic degenerative arthritis of the right ankle and lumbar spine chronic muscular strain. The Veteran is seeking higher ratings and an earlier effective date for these conditions.

The Veteran's claim for service connection and a total disability rating is being remanded due to the need for additional inpatient hospital records from Fort Still.

The Board has determined that the Veteran's low back disorder is service-connected, resolving doubt in her favor.

The Board denied the Veteran's service connection claims for lumbar strain, left hip condition (including as secondary to a lumbar strain and left knee degenerative joint disease), right knee degenerative joint disease, and left knee degenerative joint disease. The September 2006 VA examiner attributed the Veteran's back condition to his severely abnormal gait which is not caused by service.

The Veteran's claim to reopen his service connection for degenerative disc disease of the lumbar spine is being remanded due to a request for a hearing before a Veterans Law Judge via video-conference at his local RO.

The Board has determined that the Veteran's lumbosacral strain warrants a 20 percent rating, which is higher than the current 10 percent assigned. The evidence shows limitation of lumbar motion and muscle spasms, but does not meet the criteria for a 40 percent evaluation due to lack of ankylosis or incapacitating episodes.

The Veteran's claim for an increased rating for his service-connected lumbosacral strain/sprain with intermittent left sided sciatica, and first degree spondylolisthesis of L5 on S1 with degenerative disc disease of the lumbar spine was denied as there is no evidence of ankylosis or incapacitating episodes.

The Veteran's degenerative disc and joint disease of the lumbar spine is rated at 40 percent effective June 30, 2003.,The Veteran's radiculopathy of the right lower extremity is rated at 10 percent effective June 30, 2003.,The Veteran's DJD of the bilateral knees is rated at 20 percent each effective June 30, 2003.

The Board has determined that the Veteran's low back and cervical spine disorders are not related to service or any presumptive exposure, and thus denied service connection for these conditions.