Back / lumbar spine decisions — 2009

The Veteran's lumbar spine spondylolysis with L5 pars defect does not meet the criteria for an evaluation in excess of 20 percent, as it has not resulted in limitation of flexion to 30 degrees or less, favorable ankylosis of the entire thoracolumbar spine, or incapacitating episodes having a total duration of at least four weeks during the prior twelve months.

The Veteran's appeal is being remanded for further examination and consideration of his claims, including a spine disorder and a left knee disorder.

The Board has determined that the Veteran's current low back disability is not related to his military service and therefore denied his claim for service connection.

The Board has remanded the case for additional development due to a lack of evidence regarding whether the Veteran's low back disability is related to service.

The Veteran's claim for an increased rating for low back strain was denied. The effective date of the 40 percent rating for low back strain is set at October 25, 1993.

The Veteran's appeal is about the disability rating for his service-connected chronic low back strain with degenerative disc disease. The Board has ordered further development to assess the current nature and severity of his condition.

The Veteran's combined disability rating is 80%, but his service-connected disabilities do not render him unable to secure or follow a substantially gainful occupation.

The Board has denied the Veteran's claims for service connection for a left shoulder disorder and an upper back disorder due to lack of evidence linking these conditions to service.

The Board denied service connection for a low back disability, finding no evidence of a chronic condition in service and insufficient medical opinion to link the current condition to service.

The Board found that the Veteran's degenerative disc disease with bulging disc at L5-S1 with sacroiliitis was not incurred in service and is not proximately due to or the result of a service-connected disability. Therefore, the claim for service connection was denied.

The Veteran's low back degenerative changes are found to be proximately due to or the result of his service-connected left knee disability, and he is granted service connection for this condition. The right knee and hip conditions are also found to be secondary to his service-connected left knee disability.

The Veteran's left wrist ganglionectomy scar, low back strain with mechanical low back pain and an enlarged L5 transverse process from October 30, 2002, and his left eye pterygium from September 30, 2002 were all denied as the conditions did not meet the criteria for a compensable evaluation.

The Board finds that the Veteran's back disability and headaches do not meet the criteria for service connection or a compensable rating, respectively.

The Board denied the Veteran's claim for service connection for degenerative disc disease of the cervical spine with multilevel disc herniation, finding no direct relationship to service or secondary to his service-connected thoracic spine strain.

The Board has remanded the Veteran's claims for service connection due to incomplete records and the need for new VA examinations.

The Board denied the Veteran's claims for service connection for cervical spine and low back disabilities, finding that while his current cervical spine disability is related to military service, his low back disability was not. The Veteran's claim for an initial compensable rating for his right temporal shrapnel injury was also denied.

The Board found no CUE in the prior rating decisions denying a TDIU, as there was insufficient evidence to determine if the Veteran's service-connected disabilities precluded him from securing or maintaining gainful employment.

The Board denied the Veteran's claims for service connection for blackouts, back disorder, depression, muscle spasms, and memory loss. The evidence did not establish a current disability or link to service.

The Board has determined that an effective date of September 1, 2005 is warranted for the assignment of a 40% rating for low back disability with degenerative changes. The earlier effective date claim for neuropathy of the right lower extremity will be remanded.

The Veteran's claim for an increased rating for his service-connected lumbosacral spine disability is being remanded due to the need for additional VA examination and treatment records.