Back / lumbar spine decisions — 2009

The veteran's claims for service connection for tinnitus, and increased ratings for the low back disorder, right knee disorder, right wrist disorder, left shoulder disorder, and radiculopathy of the left lower extremity were denied.

The appeal is remanded to obtain additional evidence and conduct further development of the claims for service connection for various disabilities.

The Veteran's claim for an increased rating for thoracic scoliosis was denied, as the evidence did not support a higher disability rating. The claim for service connection for a low back disorder, claimed as lumbar spondylolisthesis, was also denied.

The Board denied service connection for bilateral hearing loss and denied increased ratings for the orthopedic and neurological manifestations of a low back disability.

The Board denied an increased rating for the veteran's low back disability, granted a 40 percent rating for left leg radiculopathy, and denied an increased (compensable) rating for gastroesophageal reflux disease.

The Board denied service connection for right hip arthroplasty, right knee arthroplasty, left knee arthroplasty, multilevel spinal degenerative disc disease, and left hip arthritis as they are not related to the veteran's active duty service.

The Board denied service connection for the veteran's claimed conditions, including residuals of injuries to the ankles and feet, a skin disorder affecting the arms and back, a low back injury, and residuals of an injury to the left Achilles tendon, as there was no evidence of these conditions during service or sufficient evidence linking them to service.

The veteran's claims for increased ratings for major depressive disorder and thoracolumbar strain are being remanded for further development, including a new VA examination.

The Board denied service connection for glaucoma and reduced the ratings for degenerative joint disease of the right knee, left knee, and lumbar spine from 20 to 10 percent effective July 1, 2008. The reduction was proper for the right and left knees but not for the lumbar spine.

The veteran's service-connected varicose veins, fibromyalgia of the left hip, right knee, right shoulder, and both hands, lumbosacral spine strain, and bilateral pes cavus were evaluated. The Board found that an initial 10 percent disability rating for each extremity was warranted for the veteran's bilateral varicose veins from the time period beginning with the grant of original service connection.

The Board denied service connection for a back disability, to include degenerative disease, as there was no evidence of a link between the Veteran's current back disability and his active duty service.

The veteran's service-connected disabilities, including chronic lumbosacral strain and residuals of a left meniscectomy, preclude him from engaging in substantially gainful employment.

The Board denied service connection for hypertension, a heart condition, and pes planus. The veteran's disability rating for mechanical low back pain was also denied.

The Board denied the Veteran's claim for service connection for arthritis, finding no evidence of such condition in service or within one year of discharge and no medical evidence linking current conditions to active military service.

The veteran's low back disability warrants a separate rating of 20 percent for neurological impairment in the right lower extremity. Otherwise, the veteran's low back disability does not warrant more than a 40 percent rating for functional impairment of the spine and separate ratings for left and right sciatic neuropathy.

The Board granted service connection for degenerative disc disease of the lumbar spine, finding that the evidence demonstrated the condition was incurred in or aggravated by active service.

The veteran's claims for increased ratings for right lower extremity neurological impairment and degenerative disc disease of the lumbar spine were denied as there was no evidence to support a higher rating.

The Board found that the evidence of record does not support a finding of service connection for a back disorder.

The veteran's claims for service connection for a right knee disability, a bilateral hip disability, and a low back disability were reopened based on new and material evidence. However, the Board found that these disabilities are not secondary to his service-connected ankle disability.

The Board has determined that new and material evidence has been presented to reopen the claims for service connection for an anal fissure, an intestinal disorder, and left ear hearing loss. However, the veteran does not have diabetes mellitus, type 2, sinusitis, or an eye disability as a result of his active military service, nor are any of the other claimed conditions related to his service.