Back / lumbar spine decisions — 2009

The Veteran's service-connected disabilities, including his mental health condition and multiple physical impairments, render him unable to obtain and maintain substantially gainful employment.

The Veteran's service-connected lumbosacral strain with degenerative disc disease is currently rated at 40 percent from March 2, 2006. Effective October 18, 2006, the Veteran is entitled to a separate rating of 20 percent for radiculopathy or peripheral neuropathy of the right lower extremity. The claimant's appeal regarding increased ratings for lumbosacral strain with degenerative disc disease from October 18, 2006 remains pending.

The Board denied the Veteran's claims of reopening his service connection for a back disability and granting an increased rating for PTSD. The claim for service connection was previously denied due to lack of evidence showing that the Veteran's pre-existing back condition was aggravated by service. For PTSD, the Veteran's current symptomatology does not meet the criteria for a higher rating.

The Board has remanded the case for additional development, including obtaining SSA records and VA medical records. The issues of service connection for a back disability and compensation benefits under 38 U.S.C.A. § 1151 for cervical spine collapse due to spinal stenosis are now pending.

The Board has denied the Veteran's claims for service connection for a low back disability and an initial evaluation in excess of 10 percent for hypertension. The evidence does not support granting these claims.

The Board has reopened the Veteran's claim of service connection for a low back disability due to new and material evidence submitted since the July 1983 denial. However, the VA examiner found that the current condition is not related to his active military service.

The Veteran's claims for service connection were denied as there is no evidence of a chronic back disability, gastrointestinal disorder, psychiatric disorder, right upper extremity disability or disabilities of either lower extremity during service or within the presumptive period.

The Board found no evidence of a service-connected back disorder and denied the claim, concluding that any current disability is not related to military service.

The Board has remanded the case for further development and adjudication, including notifying the Veteran of what new and material evidence is required to reopen his claim.

The Board has determined that the Veteran's back disorder does not warrant a rating higher than 20 percent, as his range of motion is sufficient to meet this evaluation.

The Board has denied the Veteran's claims for service connection for right shoulder, left shoulder, right knee, and left knee disorders. The Veteran's current conditions are not related to his time in service.,Service connection was also denied for a back disorder.

The Board denied the Veteran's claims for increased ratings for her service-connected lumbar spondylosis with intermittent left radiculopathy, right patellofemoral syndrome, and left patellofemoral syndrome. The claim for an increase in rating for osteoarthritic left talonavicular joint was not addressed as it is not part of the appeal.

The Board denied the Veteran's claim for service connection for lumbosacral strain, finding that there was no evidence of a low back injury during service and that the current condition is not related to military service.

The Veteran's lumbar spine disability is now rated at 60 percent effective December 27, 2005. The right lower extremity radiculopathy remains at a 20 percent rating.

The VA has denied the veteran's claim for an increased rating for his service-connected chronic lumbar strain with intermittent L5-S1 radiculopathy, currently rated as 40 percent disabling.

The Board has determined that the Veteran's current degenerative disc disease of the lumbar spine and mental disorder are not related to his service, and therefore denied both claims.

The Board denied the Veteran's claims for reopening his service connection claim and for an increased rating, finding that new and material evidence had not been submitted to reopen the claim. The Veteran's old contusion of the back resulting in low back pain was evaluated at a 10 percent disability rating.

The Board found that the Veteran's current lumbar spine disability is related to his military service and granted his claim for service connection.

The Veteran's service-connected disabilities require the regular aid and attendance of another person, resulting in a grant of special monthly compensation based on this need.

The Board has determined that new and material evidence has not been received to reopen the Veteran's claim of service connection for a back disorder characterized as spina bifida, L5-S1, to include low back, right hip and leg pain. The appeal is denied.