Back / lumbar spine decisions — 2009

The Board found that the Veteran's disability did not meet or approximate criteria for a rating in excess of 20 percent, as there was no evidence of unfavorable ankylosis or incapacitating episodes meeting the criteria for higher ratings.

The Veteran's claims for increased ratings and TDIU are being remanded due to the need for additional examinations and consideration of new evidence.

The Board has ordered additional development to obtain missing VA treatment records and a neurological examination for the Veteran's dizziness and related conditions. The claims will be reconsidered after these actions.

The Veteran's claims for increased disability rating, service connection, and special monthly compensation are being remanded due to the need for further development.

The Board has determined that the evidence received since June 2004 is not new and material, thus denying the Veteran's application to reopen his previously denied claim of service connection for a back disorder.

The Board has determined that there is no evidence of a low back disorder with radiculopathy during service or related to service, and the claim for service connection is denied.

The Veteran's claims for service connection are being remanded due to the need for additional evidence and a medical examination.

The Veteran's claim for an increased evaluation in excess of 40 percent for the service-connected low back strain was denied. The Board previously granted staged ratings from August 30, 2000 to November 1, 2005 and from November 2, 2005 onwards.

The Veteran's claims for increased ratings have been denied. The scar of the right knee is not painful and does not meet the criteria for a higher rating. The degenerative disc disease of the cervical spine has not resulted in ankylosis or severe intervertebral disc syndrome, which would warrant a higher rating. The residuals of post-traumatic arthritis of the right knee with history of right medial meniscectomy have been rated as 30 percent disabling since November 1, 2003.

The Board denied an increased disability rating for the Veteran's service-connected lumbar spine disability and bilateral knee disabilities. The Veteran appealed these decisions, but the Court vacated them due to deficiencies in the Board's analysis.

The VA denied the appellant's claims for increased ratings and a compensable rating for his spinal crush injury and rib fractures, respectively. The initial ratings were found not to meet the criteria for an increase in disability.

The Veteran's service-connected lumbosacral strain with degenerative disc disease and degenerative joint disease is currently rated at 20 percent, which is the maximum schedular rating available under Diagnostic Codes 5237-5243. The other conditions have their respective current ratings.

The Veteran's right shoulder disorder and spondylitic changes of the lumbosacral spine have been granted higher initial ratings.

The Board has granted service connection for a low back disorder, finding that it was aggravated by the Veteran's service-connected arthritis of both hips. The other issues remain pending.

The Board finds that the Veteran's current low back strain is related to his active service, and grants service connection for this disability.

The Veteran has been granted service connection for degenerative disc disease of the lumbosacral spine, which is considered a direct result of his active military service.

The Board has determined that the Veteran's migraine headaches are related to his active service, and he is granted service connection for this condition. The other issues on appeal have been denied as there is no evidence of a current disability due to an injury or disease incurred during active duty.

The Veteran's claims are being remanded due to the loss of his VA file and incomplete medical records. He is seeking service connection for various conditions related to diabetes mellitus, type 2, including amputation, neuropathy, and a lumbar spine disability, all allegedly due to exposure to Agent Orange during service.

The Veteran's claims for service connection are being remanded due to inadequate medical opinions and the need to verify a claimed stressor.

Your appeal is being remanded to the RO for scheduling a Travel Board hearing. The Veteran has requested such a hearing in connection with his claims of service connection for spondylosis, lumbosacral spine; asbestosis; silicosis; sleep apnea, and tinnitus.