Back / lumbar spine decisions — 2009

The Veteran's claim for an increased rating for low back strain was denied as the evidence did not show that his disability warranted a higher evaluation based on limitation of motion or other criteria under Diagnostic Code 5237.

The Veteran is seeking compensation under 38 U.S.C.A. § 1151 for lumbosacral radiculopathy allegedly caused by VA treatment, but the claim must be remanded due to insufficient evidence and missing records.

The Board has ordered a new VA examination to determine the relationship between the Veteran's service-connected left great toe disability and his current lumbar spine, hip, and knee disorders. The case will be remanded for further development.

The Veteran's claim for higher ratings for his service-connected lumbar strain and mild L5-S1 disc herniation was denied. The Board found that the evidence did not support a rating higher than 40 percent prior to January 24, 2003 or from May 19, 2004. The Veteran's claim for TDIU based on his service-connected disabilities was also denied.

The Board denied the Veteran's claim of reopening his previously denied lumbosacral strain claim due to lack of new and material evidence.

The Board is remanding the case for additional development, including obtaining Social Security Administration records and conducting further VA examinations to determine if the Veteran's current low back disability had its origin during his military service.

The Veteran's claim for service connection for spondylosis of the lumbar spine is being remanded due to incomplete medical records and need for a new VA examination.

The Board has reopened the Veteran's claim of service connection for a low back disability and granted service connection based on continuity of symptomatology since service.

The Board has determined that the Veteran's current lumbar and cervical spine disorders are at least as likely as not related to his service-connected left ankle disability, granting service connection for these conditions.

The Veteran's claims for a compensable rating for bilateral hearing loss and service connection for a back disability were denied. The claim for service connection for acquired psychiatric disability (to include PTSD) was not addressed as it was recharacterized on the title page.

The Board finds that the Veteran's current lower back disability is not related to his active duty service and denies his claim for service connection.

The Board found no evidence of a low back disability during service and denied the claim for service connection, concluding that the current condition is not related to service.

The Veteran's claim for an effective date prior to June 30, 2005 for diabetes mellitus was denied as there is no evidence of a prior claim. The Veteran's low back strain was rated at 40 percent disabling and the Board found that the rating assigned was appropriate based on the current level of disability.,The Veteran's low back strain was rated at 40 percent disabling, which was continued from his original service connection in August 1979. The claim for an increased rating was denied as there is no evidence to support a higher rating.

The Board has determined that additional evidentiary development is necessary prior to the adjudication of the appellant's claims for service connection.

The Veteran's claim for a rating in excess of 40 percent for his low back disability was denied. However, the July 26, 2001, decision denying service connection for degenerative arthritis of both hips was found to be CUE.

The Board denied the Veteran's claims for service connection for chronic low back, right knee, and right ankle disorders due to a lack of evidence showing continuity of symptomatology or a medical nexus between his current conditions and active duty service.,There is no credible evidence supporting the Veteran's assertions of continued symptoms since service. The separation examination was normal, and post-service records do not show treatment for these conditions until many years after discharge.

The Veteran's back and gastrointestinal disabilities meet the criteria for special monthly pension based on need for aid and attendance of another person, as well as being housebound.

The Board has granted service connection for a back disorder and increased ratings for cervical radiculopathy of the upper extremities. The Veteran's back disorder is found to be related to his fall in service, while the cervical radiculopathy issues are addressed based on their current manifestations.

The Veteran's claim for an increased rating for his degenerative disc disease of the lumbar spine is being remanded due to the need for additional medical records and a new VA examination.

The Veteran's service-connected post-operative residuals of a left patellectomy are rated at 30 percent, and his low back disorder is not service connected. The claim for financial assistance in the purchase of an automobile or adaptive equipment was granted.