Back / lumbar spine decisions — 2009

The Board remands the claims for further development and notification to comply with the Veterans Claims Assistance Act of 2000 (VCAA).

The Board denied a compensable rating for residuals of a crushed right index finger prior to November 7, 2006, and a rating in excess of 10 percent since that date. The Board also denied a compensable rating for status post right inguinal hernia surgery prior to November 7, 2006, and a rating in excess of 10 percent since that date. The Board further denied an increased rating for degenerative joint disease (DJD) of the lumbar spine.

The Board found that the veteran's preexisting back disorder did not increase in severity during service, and there was no evidence of a causal relationship between his current back disabilities and service. The Board also denied service connection for a right foot disability as there was no evidence linking it to military service.

The veteran's claims for service connection for bilateral hip arthritis, nerve damage/carpal tunnel syndrome, and an initial compensable evaluation for erectile dysfunction were denied.

The Board denied service connection for bilateral hearing loss, tinnitus, a low back disorder, a colon disorder, and post-traumatic stress disorder (PTSD) as the evidence did not support a finding that any of these conditions were related to the veteran's active duty service.

The veteran's lumbosacral strain was rated at 40 percent prior to September 26, 2003, but the rating was reduced to 20 percent on and after that date.

The veteran's lumbosacral strain was rated at 10 percent prior to September 8, 2008, and increased to 20 percent from that date. No initial compensable rating was granted for muscular degeneration of the left thigh.

The veteran's PTSD was granted a total disability rating beginning October 1, 2003, but not earlier. The claim for an effective date prior to February 11, 2003, for the grant of a 70 percent rating for PTSD was denied.

The Board denied increased ratings for the veteran's right and left knee disabilities, as well as a higher rating for her low back disability. The claim for service connection for left leg radiculopathy was also denied.

The veteran's lumbar disc disease did not meet the criteria for a disability rating in excess of 10 percent for both periods reviewed.

The Board granted service connection for obstructive sleep apnea and dismissed the appeal regarding an increased rating for osteoarthritis of the lumbar spine. The issue of entitlement to an increased rating for para-thyroid gland abnormality with hypocalcaemia and nephrolithiasis is remanded.

The veteran's back disorder was not related to service, and the depressive disorder did not meet criteria for a higher rating or earlier effective date.

The veteran's claims for increased initial evaluation and earlier effective dates were denied as the evidence did not support a higher rating or an earlier effective date.

The Board grants service connection for degenerative disc disease, finding that the evidence supports a conclusion that it is related to active duty service.

The Board denied service connection for all the claimed conditions as they were not shown to be related to the veteran's period of active duty.

The veteran's service-connected low back disability is not manifested by unfavorable ankylosis of the entire spine or intervertebral disc syndrome with incapacitating episodes having a total duration of at least six weeks during the past 12 months, and therefore, an increased disability rating in excess of 50 percent is not warranted.

The appeal is being remanded to obtain additional evidence, including records from the veteran's VA and private treatment providers.

The veteran's non-service-connected disabilities do not meet the criteria for special monthly pension based on a need for aid and attendance or housebound status.

The Board denied service connection for a low back disability, and denied increased ratings for hypertension and cervical spine strain.

The Board denied service connection for multiple joint pain, a back disorder, and other claimed conditions as the evidence did not establish that any of these disabilities were related to the veteran's military service.