Back / lumbar spine decisions — 2009

The Veteran's claims for increased ratings for his service-connected lumbar strain and degenerative disc disease (DDD) of L5-S1, as well as decreased toe and left knee extensor strength associated with the service-connected lumbar strain and DDD of L5-S1, are being remanded due to incomplete development.

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

The Veteran's claims for service connection for tinnitus and Morton's neuroma with osteoarthritis of the right foot were denied. The claim for an increased rating for low back strain was also denied, but remanded due to conflicting evidence.

The Board found that the Veteran's low back disorder was not incurred in or aggravated by active military service and denied his claim for service connection.

The Veteran's claims for higher initial ratings for degenerative changes of the cervical and lumbar spine disabilities were denied as there is no evidence showing that forward flexion of either spine is limited to 15 degrees or less, nor does the evidence indicate ankylosis. The disability has been rated based on limitation of motion.

The Veteran's service-connected lumbar disc disease is manifested by pain, weakness, and limited motion. The Board finds that the disability warrants a rating of 60 percent based on its pronounced nature with persistent symptoms compatible with sciatic neuropathy.

The Veteran's claim for service connection for degenerative disc disease of the cervical spine, including as secondary to a service-connected left knee disability is being remanded due to the need for additional medical examinations and development.

The Board has determined that new and material evidence has been received to reopen the Veteran's claims for service connection for residuals of head trauma. However, the claims were denied as there is no medical evidence showing a current disability related to her service.

The Board denied service connection for back and left knee disabilities, but granted service connection for a mild hallux valgus deformity of the left foot with hypertrophic osteophyte formation and calcified density in the first metatarsal phalanx joint. The Veteran's current conditions are not related to his military service.

The Veteran's claim for TDIU due to a service-connected disability is being remanded for additional development, including obtaining medical records and arranging for a VA examination.

The Board has remanded the case for additional development to determine if the Veteran's low back and left ankle disorders are related to his service-connected right foot and ankle disabilities, and whether he has a current psychiatric disorder that is related to his period of active service.

The Board has granted service connection for lumbosacral laminectomy, fusion, spondylosis, and spondylolisthesis as they are related to active military service.,Service connection was also granted for hypertension. The Veteran's peripheral neuropathy of the upper extremities is considered secondary to his newly service-connected diabetes mellitus.

The Veteran's claim for an increased disability rating for his low back injury with history of left sided herniation, L4-5 is being remanded due to the need for additional medical records and a VA examination.

The Veteran's case is being remanded to the RO for a videoconference hearing before the Board at the RO.

The Veteran's service-connected degenerative joint disease and degenerative disc disease of the lumbar spine are currently rated at 20 percent, which is the maximum schedular rating available under Diagnostic Code 5010. The Veteran's tension headaches do not meet the criteria for a higher disability rating.

The Board has determined that the Veteran's right heel, right ankle, and back disabilities are related to his active service.

The Veteran's appeal is being remanded to obtain additional medical records and for further development. The issues of service connection for PTSD and a back disorder are pending.

The Veteran's appeal is being remanded to the RO for a hearing before the Board at the RO.

The Veteran's claim for a higher rating for his spondylolisthesis of the lumbar spine, with right radiculopathy is being remanded due to the need for a videoconference hearing.

The Veteran's appeal is being remanded to the RO for further development and consideration of his claims, including the submission of additional evidence he provided in March 2009.