Back / lumbar spine decisions — 2009

The Board has remanded the case for additional development, including obtaining VA medical records and scheduling an examination to determine if the Veteran's low back disorder and groin disorder are related to service.

The Board found that the Veteran's current low back condition is not related to his military service and denied his claim for service connection.

The Board has granted service connection for lumbar spine arthritis and DDD with left lower extremity radiculopathy, bilateral inguinal hernia, and loss or damage to teeth numbers 6 through 9 and 22 through 26. The Veteran's current disabilities are found to be related to his active service.

The Veteran's claims for service connection and initial evaluations of scars, back pain, and right knee/leg disorders were denied as the evidence did not support a finding that these conditions are related to his military service.

The Veteran's claims for increased ratings and initial compensable ratings have been granted, but the specific evaluations assigned are within the scope of the applicable rating criteria.

The Veteran's claims for increased ratings and TDIU were denied. The lumbar spine disability was rated at 20 percent, the right knee disability at 20 percent prior to March 5, 2008, and at 40 percent from that date.

The Board has remanded the case due to insufficient evidence and need for a VA examination.

The Veteran's claims for increased ratings and service connection were denied. The initial rating for the lumbosacral spine was granted but at a noncompensable level, effective September 1, 2002. The Veteran's claims for asthma and GERD were also denied.

The Veteran's claims for service connection and increased evaluations were denied. The RO found that the evidence did not support a compensable rating for hearing loss.

The Board has reopened the Veteran's claims for service connection for mixed personality disorder, bilateral pes planus, and depression. The claim of service connection for a low back disorder is granted.

The Board has decided to remand the case for additional development, including a VA examination and opinion regarding the etiology of the Veteran's low back disability.

The Board found that the Veteran's low back and neck disorders existed prior to the VA van ride in February 2005, and there was no evidence of new or additional disabilities caused by VA treatment. The appeal is denied.

The Veteran's low back disability is characterized by severe limitation of motion, warranting a 40 percent rating. The appeal was denied as the criteria for an increased rating were not met.

The Veteran's appeal for an increased initial evaluation in excess of 10 percent for partial paralysis, left lower extremity is denied. The claim for a higher initial evaluation for lumbar degenerative disc disease evaluated under 38 C.F.R. � 4.71a, Diagnostic Code 5237 remains pending.

The Board has reopened the Veteran's claim for service connection for a low back disability, to include sclerotic changes of the L5 vertebra of unknown etiology. The Board also granted service connection for atherosclerotic coronary artery disease secondary to service-connected diabetes mellitus.

The Veteran's claims for service connection are being remanded due to the need for additional examinations and development of records, including VA treatment records and SSA disability benefits documentation.

The Veteran's low back disability was found to be manifested by slight limitation of motion prior to October 17, 2007. The claim for an initial evaluation in excess of 10 percent has been denied.

The Veteran's TDIU claim is being remanded for further examination and consideration due to the need to assess her employability based on all of her service-connected disabilities, including non-service-connected conditions and age.

The Board has determined that the Veteran's claimed respiratory condition, cervical spine arthritis, lumbar spine arthritis, and left hip arthritis are not related to his active duty service. The evidence does not establish a nexus between these conditions and his military service.

The Veteran's service-connected postoperative residuals of degenerative disc disease of the lumbosacral spine are rated at 60 percent, and the criteria for a higher rating have not been met.