Back / lumbar spine decisions — 2009

The veteran's claims for service connection and increased ratings were denied as the evidence did not support a finding of chronic lumbar strain, or an increase in severity of right knee, left knee, or left hand disorders.

The appeal is remanded for further development of the evidence before final adjudication.

The veteran's chronic lumbar strain is rated at 20 percent, but no higher, for symptoms that are not productive of more than moderate limitation of motion on functional use. The other conditions were found to not warrant a compensable rating.

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

The Board granted service connection for a low back disorder, finding that the current degenerative changes are likely due to an in-service motor vehicle accident. The claim for anxiety neurosis was reopened but not adjudicated on its merits.

The veteran's low back disability has been rated at 40 percent since August 15, 2003, for severe limitation of motion and recurrent attacks with intermittent relief.

The veteran's low back strain is rated at 10 percent, and the Board found that a higher rating was not warranted based on the current level of disability.

The Board denied an initial rating higher than 20 percent for lumbosacral strain prior to November 19, 2002, and an initial rating higher than 40 percent from that date. For systemic lupus erythematous, the Board also denied an initial rating higher than 60 percent.

The appeal of the veteran's claim for an effective date prior to January 13, 2003 for additional compensation for a dependent child based on school attendance was denied.

The Board denied service connection for a bilateral leg disability, granted a 40 percent rating for low back degenerative joint disease status post traumatic injury and surgery, but did not grant an evaluation in excess of 10 percent for residuals of fracture of right elbow.

The appeal is remanded to obtain a more recent examination report and additional medical records.

The Board found that the veteran's current low back disorder was not related to his active duty service or any of his service-connected disabilities.

The veteran's claims for service connection for low back, cervical spine, and PTSD were denied as there was no evidence of current disabilities related to his service. The claim for a higher rating for the right knee was also denied.

The veteran's claims for increased ratings for her service-connected thoracolumbar spine disability and panic disorder with generalized anxiety disorder were denied as the evidence did not support higher ratings.

The veteran's osteoporosis of the lumbar spine and right hip, as well as facial perleche angular and cheilitis candida, were incurred during active service.

The veteran's applications to reopen claims for service connection for residuals of a low back injury, bilateral hearing loss, and tinnitus were denied as new and material evidence was not received.

The Board remands the issue of entitlement to service connection for a low back injury for further development, including a VA examination.

The appeal is remanded for a new VA examination to reassess the severity of the veteran's lumbar spine disability.

The veteran's claim for an increased evaluation for his service-connected low back disability is being remanded to the RO for further development, including a new VA examination.

The Board found that the veteran's back disability did not have onset during his active service or within one year of service and was not caused or aggravated by his active service.