Back / lumbar spine decisions — 2009

The Board has reopened the Veteran's claim for service connection for a low back disorder and granted it. The claims for bilateral knee, ankle, and left middle finger disorders were not supported by evidence linking these conditions to his military service.

The Veteran's appeal is being remanded for additional development of his claims for service connection for residuals of a head injury, low back disability and right shoulder disability.

The Board has remanded the case for further development, including a VA examination to assess neurological manifestations and determine if there is any associated neurologic impairment.

The Veteran's claim for an increased disability rating for his service-connected degenerative disc disease of the lumbar spine with sciatica is being remanded due to the need for additional development, including obtaining updated VA treatment records and a new VA examination.

The Veteran's claims for increased disability ratings and effective dates were denied.,The Veteran's claim for TDIU was also denied. The April 1971 rating decision reducing the lumbosacral strain rating from 20% to noncompensable is not considered clear and unmistakably erroneous.

The Veteran's thoracolumbar strain and left knee disability were granted, with the thoracolumbar strain rated at 20 percent and the left knee disability rated as a combined of 20 percent. The appeals for higher ratings continue.

The Board has denied all service connection claims, finding no evidence of chronic disabilities in service or for many years thereafter. The Veteran's lay statements regarding inservice incidents are not sufficient to establish service connection.

The Veteran's claims for increased evaluations and service connection were denied. The Board found that the current evaluations assigned to his service-connected disabilities are appropriate.

The Veteran's cervical spine disability was granted a rating of 10 percent effective June 2002, and increased to 20 percent effective September 5, 2006.,The Veteran's low back disability was initially rated at 10 percent in June 2002. As of September 5, 2006, the rating was increased to 20 percent.,The Veteran's right knee disability was granted a separate 10 percent rating for painful flexion effective June 1, 2002.,The Veteran's left shoulder disability was initially rated at 10 percent in June 2002. As of June 1, 2002, the Veteran received a separate 10 percent rating based on painful flexion.

The Board has remanded the case due to the need for a comprehensive VA examination and further development of the record.

The Veteran's service-connected chronic lumbar strain is rated at 40 percent since May 10, 2006. The rating remains granted.

The Veteran's right rectus muscle atrophy is related to his service-connected kidney disease. The Board granted an initial compensable rating for degenerative disc disease of the lumbar spine from January 18, 2006.

The Board denied the Veteran's claims for increased evaluation of shrapnel fragment wound, service connection for PTSD, bilateral hearing loss, bilateral peripheral neuropathy, and low back disorder. The decision also noted that the Veteran withdrew his appeal for service connection of peripheral neuropathy.

The Veteran's initial compensable evaluation for his service-connected scar, left ankle laceration was withdrawn. The Board denied an increased rating for his service-connected lumbar spine disability.

The Board has granted service connection for the Veteran's lumbosacral spine degenerative joint disease and degenerative disc disease, finding that these conditions were aggravated by his service-connected bilateral knee disabilities. The claim for an initial rating in excess of 30 percent for left knee arthroplasty is referred to the RO for further development.

The Veteran's claims for increased ratings for his left knee and low back disabilities were denied, while service connection was granted for the left knee disability.

The Veteran's initial claim for a higher rating for osteoarthritis of the lumbosacral spine was granted, and he is currently rated at 20 percent from May 30, 2006. The appeal does not involve any service connection issues.

The Veteran's claims for service connection have been remanded due to the need for additional development and consideration.

The Veteran's claim for service connection for a low back disorder is being remanded due to the need for additional development, including obtaining medical records and scheduling a VA examination.

The Board found that the Veteran's low back disability existed prior to service and did not worsen during service, thus denying his claim for service connection.