Back / lumbar spine decisions — 2009

The Board granted service connection for bilateral hearing loss, but remanded the claims for higher ratings for the right shoulder and low back disabilities to obtain updated VA examinations.

The Board denied service connection for a right shoulder disorder and denied an initial disability rating in excess of 10 percent for patellofemoral syndrome of the right knee. However, as of April 8, 2008, the veteran's lumbar strain was rated at 40 percent.

The veteran's claim for an increased rating and TDIU is being remanded to obtain a new VA examination, as the current evidence does not adequately address the severity of his service-connected chronic low back strain.

The veteran is unable to secure or follow a substantially gainful occupation as a result of two or more service-connected disabilities, at least one such disability is ratable at 40 percent, and the veteran's combined disability rating is 70 percent.

The Board found that the veteran's acquired psychiatric disorder, low back disability, and tinnitus did not have onset during his active service or within one year of service and were not caused or aggravated by his active service.

The Board denied the veteran's claims for service connection for lumbosacral disc disease, degenerative joint disease of the left knee and degenerative joint disease of the right ankle as secondary to his service-connected disabilities of the left foot and right knee.

The veteran's claim for assistance in acquiring an automobile and adaptive equipment or for adaptive equipment only was denied due to the absence of a qualifying service-connected disability.

The Board denied increased ratings for the veteran's service-connected low back and cervical spine disabilities, an initial compensable evaluation for left cervical radiculopathy, and service connection for right ankle weakness, hypertension, and erectile dysfunction.

The Board denied service connection for a disability of the feet manifested by poor circulation, and denied initial compensable ratings for patellofemoral pain syndrome in both knees.

The veteran's low back disability has been rated at 20 percent based on muscle spasms or guarding severe enough to result in an abnormal gait.

The appeal is remanded for a medical opinion to determine if the veteran developed additional disability as a result of May 2003 VA surgical procedures.

The veteran was granted a total disability rating based on individual unemployability, but the claim for an increased rating for degenerative disc disease of the lumbar spine was denied.

The Board denied the veteran's claim for service connection for degenerative disc disease of both the cervical and lumbar spine, as there was no evidence showing that his back conditions were related to his service.

The Board denied a rating in excess of 10 percent for the period prior to September 23, 2001 and a rating in excess of 20 percent for the period beginning September 23, 2001 due to the veteran's dorsolumbar paravertebral myositis with bulging discs and degenerative joint disease.

The veteran was granted service connection for a low back disorder but denied service connection for headaches.

The veteran's claims for an increased rating for bilateral pes planus and service connection for a low back disability were remanded to the AOJ for further development, including scheduling of VA examinations.

The Board remands the issue of an increased rating for retained foreign body, right paralumbar muscle at L3 level, with degenerative disc disease to the RO via the Appeals Management Center (AMC) in Washington, DC, for further development and consideration.

The Board is remanding the claims for service connection for residuals of low back, left shoulder and neck injuries, as well as the claim for prostate cancer, due to an inadequate medical opinion from a previous VA examination.

The claims for service connection for a right foot drop and lumbar spine disability are remanded for further development, including an addendum to the April 2008 VA examination report.

The Board denied the veteran's claims for service connection for tinnitus, a lower back disability, and skin disease.