Back / lumbar spine decisions — 2009

The Board found that the Appellant's current lumbar spine and right knee disorders are not service-connected, as there is no credible evidence of such conditions during his National Guard service.

The Veteran's service-connected bilateral plantar fasciitis, lumbar strain, left knee chondromalacia, right knee status post operative arthroscopy, chondromalacia patella, and anxiety disorder are currently evaluated at the 10 percent level. The Board finds that an increased rating is not warranted for any of these conditions.

The Board denied service connection for a neck disorder, left shoulder disorder, right shoulder disorder, and hand tremors. The Veteran's claims were not substantiated by the submitted evidence.

The Veteran is granted special monthly pension based on the need for regular aid and attendance due to multiple service-connected disabilities. However, he does not qualify for housebound benefits as his combined disability rating exceeds 60%.

The Veteran's appeal is being remanded due to the need for a videoconference hearing.

The Board has determined that the Veteran's current low back disability is proximately due to his service-connected right shoulder disability, and thus grants service connection for this condition.

The Veteran's appeal is being remanded for further development, including scheduling a VA examination to assess the severity of her service-connected thoracolumbar back disorder, right hip strain, and left shoulder strain.

The Veteran's initial claim for a higher rating for his degenerative joint disease of the lumbar spine was granted, and he is now rated at 40 percent effective as of June 5, 2009.

The Board found no evidence of a current lumbar strain or disorder that is etiologically linked to the Veteran's service, and thus denied his claim for service connection.

The Veteran has withdrawn his appeal for increased rating of lumbosacral arthritis and service connection for cervical spine arthritis. The Board is dismissing these claims.

The Board has determined that the Veteran's low back disorder was aggravated by his service-connected right knee disability, and thus grants service connection for this condition.

The Board denied the Veteran's claim for an earlier effective date of May 1, 1985 to January 30, 1989 for a permanent and total disability rating for pension purposes.

The Board has determined that the Veteran's low back disability, including degenerative disc disease and degenerative joint disease of the lumbosacral spine, is service-connected due to a fall from a pole during his active duty in Vietnam.

The Board has determined that the Veteran's claimed conditions, including insomnia, skin disability, acquired psychiatric disability, low back disability, right leg disability, and right shoulder disability, were not incurred or aggravated by active military service. The claim for hypertension was also denied as it was not incurred in service.

The Board has ordered a remand due to incomplete service treatment records and the need for a VA examination. The Veteran's claim for service connection for residuals of a low back injury, including radiculopathy, is being returned to the RO/AMC for further action.

The Board has determined that the Veteran's current bilateral knee, low back, and bilateral foot disabilities are related to her service. Therefore, these claims for service connection have been granted.

The Veteran's claims for increased ratings and reopening of a claim were denied. The Board found that the Veteran did not meet the schedular requirements for an increased rating for his cervical spine disability prior to August 16, 2007 or after that date. For his lumbosacral spine disability, he was granted a 10% rating. His claim of service connection for stinging, burning, and ringing of the ears (undiagnosed illness) was denied as new evidence did not warrant reopening the claim. The Veteran's TDIU claim was also denied.

The Veteran's service-connected lumbosacral strain with mild to minimal broad-based disc bulge at L4-5 and L5-S1 is currently evaluated as 20 percent disabling. The Board found that the criteria for an evaluation in excess of 20 percent have not been met.

The Veteran's claim for service connection for a low back disorder is being remanded due to the need for additional medical records and further examination.

The Veteran's hypertension is established as service-connected. Service connection for low back disability and right hip (leg) disability is denied.