Back / lumbar spine decisions — 2009

The Veteran's chronic fatigue syndrome is rated at 20 percent due to symptoms that nearly constant and restrict routine daily activities by less than 25 percent of the pre-illness level.

The Veteran's low back disability and peripheral neuropathy of the lower extremities were rated at their current levels, while service connection for arthritis of the right hip was denied.

The Veteran's claim for service connection for skin cancer was denied, while the claim to reopen a previous denial of service connection for low back disability was granted.

The Board finds that the appellant's low back disorder is related to his active military service and grants service connection for a low back disorder.

The Veteran's service-connected lumbosacral strain is primarily manifested by complaints of intermittent low back pain, mostly at night; complaints of muscle spasms for which he has been prescribed a muscle relaxant, to take as needed; forward flexion of the thoracolumbar spine to 82 degrees; and combined range of motion of the thoracolumbar spine of 205 degrees. There has been no showing of muscle spasm or guarding severe enough to result in abnormal gait or abnormal spinal contour.

The Board remanded the appeal for a video conference hearing as requested by the Veteran.

The Board granted service connection for post-operative residuals of a deviated nasal septum and sinusitis, finding that the veteran's current conditions are related to his period of active service.

The Board denied the veteran's service connection claim for a low back disability, finding that there was no evidence of an in-service injury or aggravation of a pre-existing condition during her period of ACDUTRA.

The veteran's claim for automobile and adaptive equipment or adaptive equipment only was remanded for further development, as the evidence is unclear regarding the extent of his foot impairment and its relation to his service-connected degenerative disc disease in his lower back.

The Board denied a rating in excess of 20 percent for the Veteran's low back disability, as the evidence did not support an increase.

The Board denied the veteran's appeal to reopen a claim for service connection for a back disability, as new and material evidence was not submitted.

The Veteran's residuals of a lumbosacral strain have been evaluated as noncompensable, but the Board granted a separate 10 percent rating for pain with numbness radiating down to the right lower extremity and into the toes. The Veteran's residuals, status post pterygium removal, right eye do not result in a loss of visual acuity.

The Veteran's lower back disability was rated at 40 percent, effective February 9, 2005, based on the severity of his symptoms and functional loss.

The Veteran withdrew his appeal for an increased rating for a back disability.

The Veteran was granted an initial rating of 40 percent for degenerative disc disease of the lumbar spine, effective October 5, 2006. The claim for a higher rating prior to that date was denied.

The Board denied service connection for a right ankle disability, granted service connection for a left ankle strain as secondary to the Veteran's service-connected left bunion deformity, and denied service connection for a low back disability. The initial rating for left bunion deformity was also denied.

The Board has reopened the claim for service connection for a left knee disorder and granted compensation under 38 U.S.C. § 1151 for a back disability resulting from an October 2002 MRI, but denied increased ratings for the right ankle disorder and service connection for bilateral hip disabilities.

The Board granted the reopening of a claim for service connection for a back disorder, but denied claims for service connection for acid reflux disease, a dental disorder, and an anxiety disorder. The Board also denied a rating in excess of 20 percent for peptic ulcer disease.

The Veteran's service-connected disabilities do not render him unemployable, and he does not meet the criteria for a total disability rating based on individual unemployability.

The Board found that the preponderance of the evidence is against service connection for a back disability.