Back / lumbar spine decisions — 2009

The Veteran's service-connected right thigh contusion with arthritis of the knee and traumatic arthritis of the lumbar spine have been rated, but the current ratings are denied as they do not meet the criteria for higher evaluations.

The Board found no evidence linking the Veteran's back disability to service or his service-connected knee disability. The claim for sinusitis was denied as there is no in-service diagnosis and no current evidence of a chronic condition.,For the respiratory disorder, the Board noted that while bronchitis has been diagnosed, it did not find any link to service or an undiagnosed illness. The loss of taste and smell were attributed to a non-service connected deviated septum.

The Board has determined that the appellant's claims for service connection for degenerative changes of the cervical and lumbar spine, partial hysterectomy, and bunions and hammertoes are denied as there is no evidence to support a finding that these conditions were incurred or aggravated by military service.

The Veteran's service-connected degenerative changes of the thoracic and lumbosacral spine have been rated at 40 percent, which is in excess of his current rating.

The Board finds that the Veteran's currently shown low back disability is not related to his active military service and denies the claim for service connection.

The Board has remanded the case for further development and consideration, including obtaining medical opinions regarding the Veteran's hepatitis C, back disability, left hip disability, and TDIU claims.

The Board has determined that the Veteran's current low back disability, diagnosed as DDD of the lumbosacral spine with facet arthropathy and L4-L5 HNP, did not have its onset during active military service.

The Board granted an initial disability rating of 20 percent for the Veteran's service-connected chronic lumbar strain, finding that his symptoms warranted this higher rating based on forward flexion limited to 48 degrees due to pain. The current rating schedule adequately compensates the Veteran's disability.

The Board has granted a 40 percent evaluation for the service-connected degenerative disc disease of the lumbar spine, effective from the date of the decision. The cervical spine disability is not rated higher due to lack of evidence showing more than the current level of disability.

The case is being remanded for further development, including obtaining VA treatment records and scheduling the Veteran for a VA examination to address the etiology and severity of his neurological abnormalities due to disc disease.

The Board has determined that new and material evidence has been submitted to reopen the claim of service connection for a back disorder. The Veteran's pre-existing lumbar scoliosis was not aggravated during his active military service, and there is no credible indication of any link between any currently manifested lumbar spine problems and the Veteran's military service.

The Board found no relationship between the service-connected left knee disability and the Veteran's degenerative changes of the lumbar spine, denying both secondary and direct service connection.

The Board has determined that the Veteran's current low back disability is related to his service, and thus grants the claim for service connection.

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

The Board previously denied the Veteran's claim for service connection for arthritis of the cervical and lumbar spine, finding that it was not incurred in or related to his active duty service. The case is now remanded due to a lack of evidence regarding treatment received by the Veteran in 1948 or 1949 from Dr. Taylor.

The Board has determined that the appellant's service-connected lumbar strain warrants a 20 percent disability rating, effective from the date of his claim. The left knee disability is secondary to the lumbar strain and was not granted as service connected.

The Veteran's claim for an increased rating for his service-connected lumbar spine disability is being remanded due to the need for a new examination of the condition.

The Board found that the Veteran's current low back disability was incurred in service, specifically during his active duty for training when he sustained an acute injury unrelated to his pre-existing degenerative disc disease.

The Veteran's claim for an initial disability rating in excess of 10 percent for diarrhea has been granted, with a current effective date of April 17, 2009.

The Board has granted service connection for a low back disability as secondary to the Veteran's service-connected gunshot wound of the left foot. The issue of entitlement to an increased rating for the gunshot wound remains pending and will be remanded.