Back / lumbar spine decisions — 2009

The Veteran's service-connected low back strain was rated at 10 percent prior to May 1, 2007, and increased to 20 percent as of that date. The hypertension was rated noncompensable.

The Board denied the Veteran's claims for service connection for tinnitus, a bilateral hip disability, a right ankle disability, and a lumbar spine disability.

The appeal is remanded to the RO via the Appeals Management Center (AMC) in Washington, DC for scheduling of a videoconference hearing before a Veterans Law Judge.

The Veteran's disabilities do not meet the criteria for special monthly pension based on a need for regular aid and attendance or due to housebound status.

The veteran's claim for an increased evaluation for his low back disability is being remanded to schedule a new VA examination.

The Veteran's claims for increased ratings were denied as the evidence did not support higher ratings for degenerative disc disease of the cervical spine, left and right carpal tunnel syndrome, hyperhidrosis, and left inguinal hernia.

The veteran's cervicodorsolumbosacral strain is manifested by no more than mild limitation of motion in any segment, and no significant neurological deficits; but with complaints of pain, sometimes significant. The patellar tendinitis of the left knee is manifested by complaints of pain at times reported to be severe; objectively the evidence shows no compensable limitation of motion and no instability.

The appeal was denied for service connection for chronic left wrist strain, and the Veteran's lumbar spine degenerative disc disease, right lower extremity decreased sensation, left lower extremity decreased sensation, and right wrist deQuervain's tenosynovitis were not found to warrant increased ratings.

The veteran's vocational goal of becoming a chef or obtaining a job in the field of culinary arts is suitable and reasonably feasible.

The Board denied the Veteran's claims for higher initial ratings for his service-connected healed oblique fracture of the proximal right C7 transverse process of the cervical spine and thoracolumbar strain, as the evidence did not support a rating in excess of 10 percent prior to June 27, 2008, or 20 percent thereafter.

The Board found that the Veteran's migraine headaches met the criteria for a 50 percent evaluation from December 26, 2001, and that prior to August 6, 2007, the evidence did not support an increased rating for his lumbar spine disability.

The veteran's back disability was rated at 40 percent for the period from December 4, 1998 to September 9, 2001, and the rating remained at 40 percent thereafter.

The Board denied service connection for a low back disorder as there was no evidence of a chronic condition during service, no continuity of symptoms since service, and the current disability was not related to any incident in service.

The Board denied a rating in excess of 20 percent for DDD of the cervical spine and a rating in excess of 10 percent for Morton's neuroma of the left foot, with history of fracture of the left fifth metatarsal and degenerative joint disease of the left metatarsophalangeal joint.

The Board remands the claims for a lumbar spine disorder and cervical spine disorder to obtain an addendum VA examination that takes into consideration the Veteran's report of continuity of symptoms since service.

The Board grants service connection for a bilateral knee disability, left hip disability, and lumbar spine disability. The evidence is in relative equipoise regarding the left shoulder disability, but it cannot be granted due to lack of medical nexus.

The Board denied an increased evaluation for the Veteran's lumbosacral strain disability, finding that the evidence did not support a higher rating.

The Board denied the claims for service connection for arthritis of the lumbar spine and cervical spine as secondary to the Veteran's service-connected disabilities, and also denied entitlement to TDIU.

The Board denied an initial rating in excess of 10 percent for lumbosacral spine degenerative changes for the period prior to January 9, 2003, and in excess of 20 percent for the period beginning January 9, 2003.

The Board denied an evaluation in excess of 20 percent for the veteran's service-connected low back syndrome with degenerative disc disease at L5-S1, as the evidence did not support a higher rating.