Back / lumbar spine decisions — 2009

The case is remanded for additional development of the evidence, including obtaining service treatment records and post-service VA medical records.

The Board found that the Veteran's low back disability was not incurred in or aggravated by service, including a fall in 1976. The claim for ischemic heart disease is addressed in the REMAND portion of the decision.

The Veteran's low back pain and degenerative disc disease were rated at 10 percent prior to August 25, 2008. The Board found that the increase in disability was not factually ascertainable before this date.

The Board has granted the Veteran's claim of service connection for degenerative joint disease of the lumbar spine, finding that it is proximately due to his service-connected bilateral pes planus.

The Board denied service connection for degenerative disc disease of the cervical spine, DDD of the lumbosacral spine, axonal sensorimotor neuropathy and radiculopathy of the lower extremities, and a right shoulder disability as they were not related to the Veteran's active duty service.

The Veteran's service-connected degenerative disc disease at L5-S1 is rated as 20 percent disabling, effective from the date of the rating decision.

The Board denied service connection for anxiety disorder, pes planus, sexual dysfunction, migraines, hypertension, back disorder, and carpal tunnel syndrome.

The Board found that the Veteran's lumbar injury did not meet the criteria for a rating in excess of 60 percent.

The Board denied the veteran's claims for service connection as new and material evidence was not received to reopen the previously denied claims, and direct service connection was not established.

The Board has determined that the Veteran's current low back strain is not related to his service, and there is no new evidence to reopen a claim of service connection for residuals of frozen feet.,There is no new and material evidence to support reopening the claim of service connection for residuals of frozen feet.,There is no new and material evidence to support reopening the claim of service connection for bilateral pes planus.,The Veteran's tinea pedis does not warrant a compensable rating.

The Board denied the claims for service connection for sinusitis, upper respiratory infection, chronic obstructive pulmonary disease (COPD), peripheral vascular disease of the bilateral lower extremities, and a bilateral hip disorder. The Veteran's service-connected disabilities did not warrant ratings in excess of 10 percent, and he was found not to be unemployable due to his service-connected conditions.

The Veteran's service-connected low back strain with degenerative changes is not productive of forward flexion of the thoracolumbar spine that is 30 degrees or less or favorable ankylosis of the entire thoracolumbar spine, and a rating in excess of 20 percent is denied.

The Board denied an increased rating for the Veteran's low back disorder and bilateral lower extremity radiculopathy, but granted a 20 percent evaluation for each. The Board also denied service connection for a bilateral knee disorder.

The veteran withdrew his appeal for all issues, and the claims are dismissed.

The Veteran's disability rating for his service-connected lumbar spine degenerative arthritis and disc herniation was increased to 40 percent, effective September 1, 2007.

The Board denied the Veteran's claims for increased ratings and service connection, as the evidence did not support higher ratings or service connection.

The Board remands the claims for service connection for a low back disorder and left ankle disorder to afford the Veteran an appropriate VA examination.

The appeal is remanded to the RO for further development and adjudication of the Veteran's claims.

The Board denied service connection for all claimed conditions as there was no evidence of a disability related to the Veteran's military service.

The Veteran's service-connected degenerative disc disease of the lumbosacral spine is rated at 20 percent, but no higher. The lumbar radiculopathy of the left side does not warrant a rating in excess of 10 percent.