Back / lumbar spine decisions — 2009

The Veteran's Crohn's disease and low back disability are found to have been aggravated by his active duty service, warranting service connection for both conditions.

The Veteran's right hip disorder is rated at 10 percent, and his lumbar degenerative disc disease claim was denied as not service-connected. The Board found no evidence of ankylosis or other conditions that would warrant a higher rating for the right hip.

The Board has remanded the case due to the need for additional development, including obtaining Social Security Administration records and ensuring all notification actions have been completed.

The Veteran's claim for an increased rating for his service-connected degenerative disc disease of the lumbar spine was granted, with a current rating of 20 percent effective as of March 17, 2009. The claims for increased ratings for chronic capsulitis of the left knee and left ankle were denied. TDIU is not addressed in this decision.

The Board has determined that the Veteran's thoracic spine disorder, including fracture of T12 with degenerative disc disease, is directly attributable to service and grants service connection for this condition.

The Veteran's lumbar spine disability, characterized by painful limitation of motion and slight limitation of flexion, does not meet the criteria for an initial evaluation in excess of 10 percent.

The Board found that the Veteran's lumbar spine disability, diagnosed as lumbosacral strain and degenerative disc disease at L5-S1, was not incurred in or aggravated by his active duty service. The Board also determined that it is less likely than not related to his service-connected bilateral chondromalacia.

The Veteran's appeal is being remanded for further development and consideration of his claims, including the submission of additional medical evidence.

The Board has remanded the case for a VA examination to determine the etiology of the Veteran's claimed low back and neck disabilities, which may be associated with his period of service or manifest within one year of discharge.

The Board has determined that the Veteran's current back disorder is not related to his military service and denied his claim for service connection.

The Veteran's low back disability, rated as 40 percent disabling since July 2, 2009, warrants a higher rating due to limitation of forward flexion to 30 degrees.

The Board has determined that the Veteran's current low back disability, including degenerative changes of the lumbar spine, is at least as likely as not caused by his military service, specifically his parachute jumps during active duty.

The Board has remanded the case for further development due to inadequacies in the examination reports and new evidence submitted by the Veteran.

The Board found that the Veteran's current low back disability did not develop as a result of any incident during service and denied his claim for service connection.

The Veteran's appeal is remanded for additional development and procedural consideration, including obtaining medical records from Kaiser Permanente Hospital in Riverside, California.

The Veteran's claims for service connection for lumbosacral strain, bone spurs of the left shoulder, and degenerative arthritis of the right hand were denied as there is no competent evidence linking these conditions to his military service.

The Veteran's claims for increased ratings for his lumbar spine and left shoulder disabilities, as well as his claim of entitlement to a TDIU rating, are being remanded due to the need for additional examinations.

The Board has denied the Veteran's claim for service connection for diabetes mellitus due to lack of evidence showing an in-service injury or diagnosis. The issue of service connection for a back disorder remains pending as there is insufficient information regarding its etiology.

The Veteran's claims for increased ratings for lumbar spine arthritis, left leg radiculopathy, and right leg radiculopathy have been granted. The Veteran is currently rated at 20 percent for each of these conditions.

The Board has determined that the Veteran's low back and right shoulder disabilities did not manifest during service or within one year of discharge, and there is no evidence linking these conditions to service. The VA examiner found more subjective complaints than objective findings.