Back / lumbar spine decisions — 2009

The veteran's claim for service connection for bilateral heel spurs was denied, while he was granted a 10 percent disability rating for his lumbosacral strain with arthritic changes.

The veteran's herpes zoster began in active service and caused a recurrent infection to occur in August 2000.

The veteran's lumbar spine disability and its neurological manifestations were rated at 10 percent, with the right lower extremity receiving a higher rating of 20 percent.

The veteran's varicose veins of the right leg are rated at 40 percent, and his degenerative arthritis with spondylolisthesis of the lumbar spine is rated at 20 percent.

The veteran's appeal is being remanded for a new VA examination to determine the current severity of his lumbar spine disability and to address the etiology of any knee disabilities.

The Board denied service connection for degenerative joint disease of the lumbar spine and generalized arthritis, but granted service connection for post-traumatic sequelae of the left third proximal phalanx and left hand osteoarthritis as secondary to a service-connected disability.

The appeal was dismissed due to the death of the appellant.

The veteran's lumbar spondylosis with degenerative disc disease at L5-S1 was rated as 40% disabling beginning July 22, 2007. The left ear hearing loss was determined to be aggravated by service.

The Board denied service connection for all claimed conditions as there was no evidence of a current disability, an in-service event, or a nexus between the veteran's military service and any of his claimed disabilities.

The veteran's claim for an increased rating for his service-connected lumbar strain with dextroscoliosis and degenerative changes is being remanded to the RO for a new VA examination.

The Board denied service connection for osteoporosis, rheumatoid arthritis, and degenerative joint disease of the lumbar spine as they were not related to the veteran's military service or herbicide exposure.

The Board denied the veteran's claim for service connection for residuals of a low back injury, as there was no evidence that his current chronic low back disorder was related to active duty.

The Board denied service connection for PTSD, degenerative disc disease of the spine, and degenerative joint disease of the spine as they were not shown to be related to the veteran's active or National Guard service.

The veteran's claims for increased initial ratings for low back strain, right and left knee patellofemoral pain syndrome, hemorrhoids, and bilateral pes planus were denied as the evidence did not support a higher rating.

The veteran's low back disability did not meet the criteria for a rating in excess of 20 percent, and he was granted a separate 10 percent rating for mild neuropathy of the sciatic nerve, left lower extremity.

The Board finds that the evidence as a whole supports service connection for a low back disorder and chronic lumbar pain on a direct basis.

The Board denied service connection for a low back disability as the evidence did not show that the veteran's current condition was related to his military service.

The veteran's low back disorder was not linked to service and may not be presumed to have been incurred in service.

The veteran did not meet the requirements for TDIU under the provisions of 38 C.F.R. § 4.16(a) until July 13, 2004, and as such, an earlier effective date is denied; however, the claim should be referred to the Director, Compensation and Pension Service for extraschedular consideration.

The Board remands the issues of entitlement to increased ratings for service-connected left hip, lumbar spine, left ulna, and left sciatic nerve radiculopathy disabilities for further development.