Back / lumbar spine decisions — 2009

The Board has determined that the Veteran's current back condition is not related to his service, specifically the motor vehicle accident in March 1977. As a result, the claim for service connection for residuals of a back injury is denied.

The Veteran's service-connected degenerative disc disease at L4-5, L5-S1 was initially granted with a 20 percent evaluation effective January 27, 2003. The Board found that the disability did not warrant an increased rating in excess of 20 percent from this date until August 3, 2008.

The Veteran's claim for a higher initial evaluation for his service-connected lumbar spine disability was granted, with the effective date being June 26, 2003. The current rating of 10 percent is maintained.

The Veteran's claim for increased ratings for his service-connected low back disability and sciatic nerve radiculopathy of both lower extremities was granted. He is currently rated at 40 percent for the low back disability, effective from August 21, 2008, with separate 10 percent ratings for right and left sciatic nerve radiculopathy.

The Board has remanded the claim for additional development due to new evidence submitted by the Veteran.

The Board found that the Veteran's current low back condition is not related to his military service and denied his claim for service connection.

The Board has denied the Veteran's claim for service connection for a back disability, finding that the preponderance of evidence does not support a finding that his current condition is related to active service.

The Board has determined that the Veteran's degenerative joint disease of the cervical spine and lumbosacral spine were not incurred or aggravated by service, nor are they proximately due to his service-connected right knee disability. The VA medical opinion concluded that there is no reasonable scientific or medical evidence supporting a connection between the service-connected knee condition and the changes in his lumbar or cervical spine.

The Veteran's claim for an increased rating for his service-connected compression fracture, lumbar spine L4, is being remanded due to the need for a more recent VA examination to assess the current severity of his disability.

The Board found that the Veteran's low back disorder was not incurred in or aggravated by active service and denied his claim for service connection. The examiner concluded that the current low back condition is more likely related to the aging process rather than an acute injury during service.

The Veteran's claims for higher ratings for right sciatic nerve injury and degenerative disc disease, residuals of a back injury were denied. The claim for a total disability rating based on individual unemployability was also denied as the combined rating did not meet the minimum percentage standards.

The Board has granted service connection for the Veteran's low back disorder, finding that it was aggravated by active service. The secondary claim for a skin disorder is remanded to determine if it is related to the service-connected low back disorder.

The Board has remanded the case for additional development, including a VA spine examination to determine if the Veteran's low back disorder increased in severity during service and whether it is at least as likely as not related to a separate and distinct injury sustained during active service.

The Veteran's claims for higher ratings for diabetes mellitus, lumbar spine conditions, and knee conditions were denied. The Board found that the evidence did not meet the criteria for a higher rating under the applicable diagnostic codes.

The Board found that the appellant's cervical spine degenerative disc disease and low back disorder did not manifest during service or are otherwise related to his military service. The claim for secondary service connection was also denied.

The Veteran's appeal for service connection for right ear hearing loss is dismissed. The Board grants a 10% rating for his right knee disability effective February 12, 1996 and finds that the earliest possible effective date for this rating is February 12, 1996. The claim for an earlier effective date for the right knee disability is denied.

The Veteran's claims for higher ratings for various service-connected conditions have been denied. The Board found that the evidence did not support a higher rating than 20 percent for thoracolumbar degenerative arthritis with intervertebral disc syndrome and deep peroneal nerve radiculopathy, or a separate rating of 10 percent for left shoulder strain.

The Board found that the Veteran's low back and neck disabilities were not incurred in or related to his military service, and denied both claims.

The Board has determined that the Veteran's current degenerative disc disease of the lumbar spine is etiologically related to his service-connected left knee disorder, and thus grants service connection for this condition as secondary to his service-connected left knee disorder.

The Board has denied all service connection claims as there is no competent evidence of current disabilities for the claimed conditions.