Back / lumbar spine decisions — 2009

The Veteran's increased rating claims for mechanical low back pain, left and right knee retropatellar pain syndrome, bilateral plantar fasciitis, sinusitis, migraine headaches, hypertension, and benign prostatic hypertrophy were denied. The RO found that the evidence did not meet the criteria for higher ratings under the applicable diagnostic codes.

The Veteran's service-connected degenerative disc disease of the thoracolumbar spine is not shown to meet or approximate criteria for a higher initial evaluation. The issues regarding his left and right great toe conditions, as well as his migraine headaches, are also denied.

The Board denied the Veteran's claims for service connection for hearing loss, lumbar spine disability (degenerative joint disease), and left knee disorder. The decision found that tinnitus was not incurred or aggravated in service and that a left knee disorder was not proximately due to, the result of, or chronically aggravated by a service-connected right knee disability.

The Veteran's appeal is being remanded for further development, including obtaining SSA records and scheduling VA examinations to address the etiology of his claimed conditions.

The VA has granted a 20 percent disability rating for the appellant's left shoulder disability, which is currently manifested by pain and limitation of motion with x-ray findings for degenerative joint disease. The effective date is not specified.

The Veteran's degenerative disc disease of the lumbar spine is rated at 10 percent, effective August 20, 2007. The Board found that his disability picture does not warrant a higher rating under either the General Rating Formula for Diseases and Injuries of the Spine or the Formula for Rating Intervertebral Disc Syndrome Based on Incapacitating Episodes.

The Board found that the Veteran's service-connected left ear hearing loss did not cause him to miss hearing a second truck, and therefore it is not service connected for his low back disability. The ulcer disease was also denied as secondary to the low back disability.

The Board has remanded the case due to incomplete records and a need for further examination. The Veteran's claim will be reconsidered after these steps are completed.

The Board found that the Veteran's back disorder was not incurred in or aggravated by service and denied his claim for service connection. The PTSD claim was also denied as there is no evidence linking it to service.

The Board denied an effective date earlier than April 26, 1993 for a 60 percent evaluation for lumbosacral strain with disc protrusion and degenerative disc disease at L5-S1.

The Veteran's claim for a higher rating for his service-connected lumbar strain with muscle spasm is being remanded due to the need for additional development, including obtaining medical records and considering whether medication affects his ability to work.

The Board has ordered a remand to obtain additional medical opinions regarding the Veteran's low back disability, including whether it existed prior to service and if so, whether it was aggravated during service. The case will be returned for further development.

The Board denied an initial evaluation in excess of 20 percent for the Veteran's low back disability from October 25, 1991 to April 25, 1993. The decision was based on the evidence and applicable legal criteria at that time.

The Board has determined that the Veteran's back disorder, diagnosed as lumbosacral strain and degenerative disk disease of the lumbar spine, is etiologically related to active service. As such, service connection for a back disorder is granted.

The Board found that the Veteran's current low back disability is not due to any incident or event during active duty, and arthritis of the lumbosacral spine was not manifested within one year after his separation from service.

The Veteran's low back strain and anterolisthesis with any degenerative changes at L5-S1 are not shown to be related to service, and the claim is denied.

The Veteran's appeal has been withdrawn before the Board could issue a decision. The claim for a higher rating for his low back disability is dismissed.

The Board found no evidence of a short-term memory disorder or thoracolumbar spine strain related to service, and denied both claims.

The Board found that the Veteran's current back disorder is not related to her active service and denied her claim for service connection.

The Veteran's claim for an initial disability rating in excess of 20 percent for his service-connected herniated nucleus pulposus at lumbosacral level with referred pain to the left leg was denied. The current evaluation is 20 percent, and no effective date has been assigned.