Back / lumbar spine decisions — 2009

The Veteran's claims for increased ratings for his lower back disability and dysthymic disorder were denied. The Board found that the evidence did not support a higher rating based on functional loss or neurological impairment, and concluded that the current 20 percent rating for the lower back disability was appropriate.

The Board has remanded the case for additional development due to missing service records and incomplete medical opinions.

The Board denied the Veteran's claim for an effective date earlier than October 6, 2003 for service connection for low back strain with pain and assignment of a 10 percent disability rating. The appeal is based on secondary service connection.

The Veteran's service-connected disabilities do not meet the minimum percentage requirements for TDIU under 38 C.F.R. § 4.16(a). However, a VA examination is needed to determine if his service-connected conditions prevent him from securing and following any substantially gainful occupation.

The Veteran seeks service connection for degenerative disc disease of the lumbar spine L3-4 and L5-S1, and degenerative changes. The Board has determined that a new examination is necessary to address both upper and lower back conditions and their relationship to active service or service-connected disabilities.

The Board found that the Veteran's arthritis of the thoracic and lumbar spine is not related to service or any presumptive exposure basis, and denied his claim for service connection.

The Board has remanded the case for further development and adjudication.

The Board has granted a 30 percent rating for the Veteran's cervicogenic headaches, which are considered a separately ratable neurological manifestation of her service-connected cervical spine disability.

The Board has ordered additional development of the record to determine if the Veteran's back and right knee disabilities are related to service, including obtaining any missing service treatment records from November 1966. The case will be returned for further consideration.

The Veteran's low back disability was found to not meet the criteria for a rating in excess of 20 percent, as his forward flexion was limited but still within the range that would warrant a higher rating.

The Board found that the Veteran's low back disability was a congenital/developmental defect pre-existing service, and thus rebutted the presumption of soundness on entry. The examiner opined that the current spondylolysis with L5-S1 spondylolisthesis is congenital/developmental (and was recognized prior to service). As such, the Veteran's low back disability is not service-connected. For his right hip disability, there is no evidence of a chronic condition during service or post-service, and thus it cannot be service-connected.

The Board found no evidence of a chronic back and/or tailbone disability in service or for many years after discharge, and there is no nexus opinion linking these disorders to service. The Veteran's claim for non-service-connected pension was also denied as she did not meet the minimum schedular requirements.

The Board has denied the Veteran's claims for service connection for arthritis of the pelvis and residuals of bilateral total hip replacements, arthritis of the low back, and right lower extremity radiculopathy. The evidence does not support a finding that these conditions are related to service or any aspect of it.

The Veteran's claim for an earlier effective date for service connection of degenerative disc disease of the lumbar spine was denied by the Board. The decision states that the earliest possible effective date is August 25, 1999, which is when the Veteran filed a new claim after his previous claims were denied.

The Veteran's claim for TDIU is being remanded due to insufficient recent medical evidence and the need for a VA examination.

The Board finds that the Veteran's right knee and low back disabilities are related to her in-service injuries resulting from a horse accident, and grants service connection for these conditions.

The Veteran's lumbosacral strain has been productive of painful motion, but forward flexion of the thoracolumbar spine has been greater than 30 degrees and there has been no ankylosis. The claim for a higher rating is granted.

The Veteran's PTSD symptoms do not meet the criteria for an initial rating in excess of 50 percent.,The Veteran developed a chronic mechanical low back pain disability during service and has been granted service connection with a 50% rating effective December 26, 2000.

The Board has granted service connection for a low back disorder that is secondary to the Veteran's service-connected right knee disorder.,The Board has also granted compensation under 38 U.S.C.A. § 1151 for left knee and atrophy of the quadriceps and buttocks disorders, both related to VA right knee surgery in December 1979.