Back / lumbar spine decisions — 2009

The Board has remanded the case to allow for additional development, including obtaining updated medical records and a VA examination for the Veteran's low back disorder.

The Veteran's low back strain is not service-connected, but his right knee disorder and hypertension are found to be related to his period of active duty. The claim for costochondritis remains pending.

The Board has denied the Veteran's claims for service connection and increased ratings, as well as his claim for a compensable evaluation for hearing loss in the left ear. The issues of entitlement to an increased rating for cervical disc disease with headaches have been remanded.

The Veteran's claim for an increased rating for service-connected low back strain was denied as his disability did not meet the criteria for a higher than 40 percent rating.

The Veteran's low back disability is currently rated at 20 percent, and his left lower extremity impairment is rated at 10 percent. The initial increased ratings for both conditions have been granted.

The Board has determined that there is no evidence of a relationship between the Veteran's period of military service and his current bilateral lower extremity edema, arthritis of both knees and hips, post-operative degenerative joint and disc disease of the lumbar spine, post-operative cervical spine disorder, right arm disorder, or residuals of a head injury. The claims are therefore denied.

The Veteran's degenerative disc disease of the thoracolumbar spine has been rated at 10 percent, which is the maximum schedular rating available for this condition. The VA examiner found that the Veteran's symptoms were essentially asymptomatic with forward flexion to 90 degrees and extension, right and left lateral flexion, and right and left rotation all to 30 degrees without reported functional factors, incapacitating episodes, or associated neurologic impairment.

The VA denied the Veteran's claim for service connection for degenerative disc disease of the cervical spine, finding that there was no evidence linking his current condition to his military service.

The Board has determined that the Veteran's current low back disability is incurred during active service and grants his claim for service connection.

The Board denied the Veteran's claims for service connection due to lack of evidence showing that his current conditions were incurred or aggravated by military service.

The Veteran is granted an effective date of June 6, 2001 for the grant of service connection for degenerative joint disease of the lumbar spine.

The Veteran's claims for service connection for back, neck, and respiratory disabilities are being remanded due to the need for additional examinations and development of records.

The Board denied the Veteran's claims for service connection for various conditions, including tinnitus, right and left ear hearing loss, a left knee disorder, arthritis of the right knee, low back disorder, allergy disorder, gastrointestinal disorder, and an acquired psychiatric disorder (to include PTSD), finding that there was no evidence of current disabilities or a link to active service.

The Veteran is seeking service connection for bilateral knee, hip and back disabilities that are claimed to be secondary to his service-connected bilateral ankle disabilities. The Board has determined that a remand is necessary due to the need for additional examinations and development of records.

The Veteran's claim to reopen his service connection for a back disability is being remanded due to the need for additional medical records and legal notification.

The Veteran's claims of entitlement to service connection for a left knee disorder, left ankle disorder, low back disorder, and left foot pain were denied. The claim for the left ankle disorder was reopened but remained denied on the merits.

The Board has remanded the case for additional development, including obtaining medical records and scheduling a VA examination to determine if the Veteran's current lower back condition is related to his military service.

The Veteran's claims for service connection for various conditions, including arthritis, gout, back disability, hearing loss, tinnitus, lung disability (claimed as breathing problems), sleep problems, heart disability, kidney disability, and neck cancer have been denied. The Veteran withdrew his claim for service connection for gout.

The Veteran withdrew his appeal for a higher rating of 20 percent for chronic lumbar strain.

The Veteran's claim for an increased rating for his service-connected multiple retained metal fragments and low back pain and arthritis is being remanded due to the need for additional VA examinations, records from SSA, and further adjudication.