Back / lumbar spine decisions — 2009

The Board restored the veteran's 20 percent rating for numbness of the left (minor) arm secondary to degenerative joint disease of the cervical spine, and denied an increased rating in excess of 20 percent. The Board also denied entitlement to a total disability rating based upon individual unemployability due to service-connected disabilities.

The veteran's lumbar spine disorder was not shown to be more severe than 20 percent disabling under the applicable rating criteria.

The appeal resulted in denial of new and material evidence for kidney stones, a rating higher than 50 percent for depression, a rating higher than 20 percent for lumbar spine disability, and an appropriate reduction in the rating for supraventricular tachycardia.

The Board remands the claim for a VA examination to determine if the veteran's tinnitus is related to his active duty service.

The Board denied the veteran's claims for service connection for low back disability, left ankle disability, bilateral leg disability (including peripheral neuropathy), and psychiatric disability (PTSD and depression) as there was no evidence of a current disability or a link to service.

The veteran's claims for service connection for PTSD, a low back disorder, and compensation under 38 U.S.C.A. § 1151 for a heart condition were denied as the evidence did not support the conclusion that he has PTSD or a chronic psychiatric disorder during his military service, and there was no new and material evidence to reopen the claim for a low back disorder.

The Board denied the veteran's claims for service connection for a right knee, left hip and low back disability as secondary to his service-connected left knee disability; PTSD; and residuals of frostbite to hands, face and feet due to lack of evidence supporting these claims.

The Board granted service connection for tinnitus, degenerative changes of the lumbosacral spine, and a bilateral knee disability based on evidence showing these conditions are attributable to the veteran's military service.

The Board denied service connection for cervical spine, lumbar spine, right shoulder, and skin conditions as there was no evidence of a nexus between the veteran's active duty and his currently shown conditions.

The earliest effective date assignable for the veteran's grant of service connection for a back disorder is June 12, 2001, the date of receipt by VA of the veteran's claim to reopen.

The appeal is being remanded for additional development, including a new VA examination and the acquisition of relevant medical records.

The appeal was dismissed due to the veteran's death.

The appeal is being remanded for additional development, including scheduling the veteran for a Board hearing.

The Board denied service connection for a right shoulder disorder, lower back disorder, left ankle disorder, and sinusitis as the evidence did not support a finding that these conditions were related to the veteran's military service.

The Board denied increased ratings for the veteran's left shoulder injury, right and left tibial stress reactions, bilateral pes planus and plantar fasciitis, and depression. However, a 30 percent rating was granted for bilateral pes planus and plantar fasciitis effective August 3, 2007.

The veteran's initial ratings for osteoarthritic changes of the thoracolumbar and cervical spine, as well as mild and persistent exercise-induced bronchial asthma with inactive pulmonary sarcoidosis, were denied.

The veteran's service-connected degenerative disc disease of the lumbar spine, L3-S1, is rated at 40 percent. Additionally, separate ratings of 10 percent each for radiculopathy in the right and left lower extremities are granted.

The veteran's daughter was granted accrued benefits for lung cancer but denied for back disability.

The Board denied service connection for diabetes mellitus, type 2, a foot fungus disorder, and a back disorder. The veteran's migraine headache disorder was rated as follows: 10% prior to April 2, 2004; 30% from April 2, 2004 to June 22, 2005; 50% from June 23, 2005 to May 9, 2007; and greater than 50% beginning May 10, 2007.

The veteran was granted an initial rating of 20 percent for lumbar strain, effective June 11, 2001.