Back / lumbar spine decisions — 2009

The Board has reopened the claim for service connection for a lung disorder, but denied reopening claims for low back disorder, left leg trauma, and skin disorder.

The Veteran's initial disability rating for status post L1 compression fracture of the lumbosacral spine was increased to 20 percent.

The Board denied service connection for the veteran's claimed bilateral pes planus, left ankle disability, right leg disability (knee, thigh and hamstring), low back disability, right thumb disability, and right elbow disability as there was no evidence of a current diagnosis or that these conditions were incurred in or aggravated by active service.

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

The Board remands the claims for further development, including obtaining a new VA examination to determine the etiology of the Veteran's claimed conditions.

The Veteran's low back disability with radiculopathy warrants a single 40 percent rating throughout the initial rating period.

The appeal is remanded to obtain additional evidence and schedule a VA examination for the Veteran's low back disorder.

The Board denied an evaluation in excess of 10 percent for the cervical spine disability prior to October 17, 2007 and an evaluation in excess of 20 percent from that date.

The Board denied the Veteran's claim for an increased rating for her service-connected bulging discs of the lumbar spine, as the evidence did not show that the disability was manifested by severe, recurring attacks with intermittent relief or incapacitating episodes, and flexion of the thoracolumbar spine was limited to no less than 60 degrees.

The Veteran's claims for service connection for a skin disorder and back disorder must be remanded again due to the need for additional private medical records.

The Board denied the Veteran's claim for service connection for lumbar spine disability, including HNP, as there was no evidence of a chronic lumbar disorder during service or within one year of discharge and no medical opinion linking the current condition to military service.

The Veteran's osteoarthritis of the cervical spine and lumbar spine were granted separate disability ratings, while his generalized osteoarthritis of the hands and elbow did not meet criteria for a higher rating.

The Veteran withdrew his appeal for the issues of entitlement to an initial disability rating in excess of 40 percent as of October 28, 2008, for a low back disability with mechanical and segmental dysfunction, spondylolisthesis, sacroiliac joint dysfunction, and degenerative changes; entitlement to an initial disability rating in excess of 20 percent for tremors of the right hand associated with diabetes mellitus; entitlement to an initial disability rating in excess of 20 percent for tremors of the left hand associated with diabetes mellitus; entitlement to a disability rating in excess of 20 percent for diabetes mellitus with hypertension, nephropathy, and impotence; and entitlement to an initial rating in excess of 10 percent for right ankle strain (recurrent sprains) on the basis of CUE in a January 3, 2002, RO decision.

The appeal for service connection for a low back disability was remanded for further development, while the claim for an increased rating for bilateral tinnitus was denied as the maximum schedular rating had been assigned.

The Board granted service connection for migraine headaches and denied the claims for a right knee disability, low back disability, and sinusitis.

The Board denied increased ratings for the veteran's knee, hearing loss, and low back disabilities, as well as service connection for a cervical spine disability.

The Board granted a 40 percent rating for the low back disability effective March 26, 2007, and a 10 percent rating for neurological manifestations of the lumbar spine disability affecting the right lower extremity. The right knee disability was rated at 10 percent.

The February 1996 rating decision that denied a rating in excess of 20 percent for degenerative disc disease of L5-S1 was supported by the evidence then of record and did not contain clear and unmistakable error.

The Board remands the claim for a VA examination to determine if the Veteran's current lumbar spine condition is related to service.

The appeal is remanded to the RO for scheduling a video conference hearing.