Back / lumbar spine decisions — 2009

The Board found that the Veteran's lumbosacral strain did not meet the criteria for a compensable rating.

The Board denied a disability rating in excess of 40 percent for lumbar myositis with degenerative joint disease, as the evidence did not show unfavorable ankylosis or incapacitating episodes.

The case is remanded for additional development, including obtaining a VA examination and any relevant medical records.

The Veteran's service-connected low back pain with herniated disc L4-5 level with degenerative changes was rated at 40 percent, and a separate 10 percent rating for radiculopathy involving the right lower extremity was granted. The claim to reopen service connection for a right knee condition was successful.

The Board found that new and material evidence had been submitted to reopen the claim for service connection for a low back disorder, but denied service connection. The rating for Raynaud's syndrome was continued at 40 percent.

The Veteran's low back disorder has increased in severity, and he is now entitled to a 40 percent evaluation for lumbar spine spondylolysis.

The Board denied service connection for residuals of a gunshot wound of the left side, found that new and material evidence was not submitted to reopen the claim for residuals of a gunshot wound of the left shoulder, and denied initial compensable ratings for residuals of gunshot wounds of the low back and left leg.

The appeal is remanded to the RO for further development of evidence and readjudication.

The appeal is remanded to the RO for further development and consideration of the issues on appeal.

The Board denied the Veteran's claim for an earlier effective date for service connection of a lumbar spine disability, finding no evidence that he had applied for or believed in entitlement to compensation benefits prior to January 31, 2002.

The Veteran's spondylosis, thoracic and lumbar spines, has been evaluated as 40 percent disabling, and the cervical spine degenerative disc disease and spondylosis have been evaluated as 30 percent disabling. The Board denied higher ratings for these conditions.

The Veteran's Eustachian tube dysfunction is manifested by occasional dizziness, warranting a 10 percent rating.

The Board denied the Veteran's claims to reopen service connection for skin rash and joint pain, as new and material evidence was not submitted. The claim of service connection for a back disorder was remanded for further development.

The appeal was remanded to obtain additional evidence, including private treatment records.

The Board remands the Veteran's claim for service connection for a back disability to consider whether his back disability has developed as a result of or been aggravated by his service-connected diabetes.

The Court of Appeals for Veterans Claims ruled that the criteria for entitlement to service connection for a back disability are met and that service connection is warranted.

The Board denied the Veteran's claim for service connection for a back disability, finding that there was no evidence of a chronic condition in service or a positive link between the current diagnosis and an in-service injury.

The Veteran's disability has not resulted in forward flexion of the thoracolumbar spine less than 85 degrees; or, combined range of motion of the thoracolumbar spine less than 235 degrees; or, muscle spasm, guarding, or localized tenderness resulting in abnormal gait or abnormal spinal contour or, vertebral body fracture with loss of 50 percent or more of the height, incapacitating episodes of intervertebral disc syndrome having a total duration of at least 2 weeks but less than 4 weeks during the past 12 months, or significant neurological impairment.

The Board denied the application to reopen a claim for service connection for a back disorder as new and material evidence was not submitted.

The Veteran's claim for service connection for a sinus disorder was granted, while the claims for low back pain and a gastrointestinal disorder were denied.