Back / lumbar spine decisions — 2009

The Veteran's low back disability was initially rated at 10 percent and the Board found that his current range of motion did not warrant a higher rating.

The Veteran's claim for a higher rating for his degenerative arthritis of the thoracic and lumbar spine was denied, as the current evaluation adequately reflects the severity of this condition. The Veteran's bilateral hearing loss is currently rated at 20 percent, which is not compensable.

The Board denied the Veteran's claims for service connection for a low back disorder and dermatitis (claimed as a skin condition). The decision found that new and material evidence had not been submitted to reopen his claim for a low back disorder, and he was denied on the merits. His claim for dermatitis is being remanded.

The Board has denied the Veteran's claims for service connection for a low back disorder and pain and numbness in the lower extremities, finding that there is no evidence of these conditions being incurred or aggravated by his military service. The Board also found that the Veteran did not meet the criteria for TDIU.

The Veteran's appeal is being remanded for additional development, including obtaining a medical opinion regarding the etiology of his claimed disabilities and considering new evidence.

The Board has reopened the Veteran's claim of service connection for back disability and remanded it for further development.

The Board denied the Veteran's claim for an evaluation in excess of 20 percent for L5-S1 spondylolisthesis with DDD on an extraschedular basis, finding that his disability did not present such an unusual or exceptional picture as to require consideration of an extra-schedular rating.

The Board denied the Veteran's claim for an initial rating in excess of 40 percent for osteophytosis of the lumbar spine, finding that there was no evidence of unfavorable ankylosis.

The Board has denied the Veteran's requests to reopen her claims for service connection for joint pain of the knees and back, both claimed as due to undiagnosed illness or other qualifying chronic disability. The evidence submitted since the last denial does not meet the criteria for reopening the claims.

The Board has determined that the Veteran does not have a current diagnosis of PTSD and his acquired psychiatric disorder is not related to service. The lumbar spine disorder also was not found to be related to service.

The Board found that the Veteran's back, hand, and foot disabilities are not related to his military service or his service-connected sarcoidosis. The evidence does not support a finding of chronic disability during service or for many years thereafter.

The Veteran's appeal for increased ratings and service connection was denied. The Veteran's low back disability is currently rated as 10 percent disabling, his heart disease has not been linked to service, and the claimed chest pain, dizziness, shortness of breath, and blackout spells are not related to service.

The Board has determined that the Veteran is entitled to a 20 percent disability rating for his service-connected lumbosacral strain, effective from the date of this decision. Additionally, separate 10 percent disability ratings are granted for neurologic manifestations of the right and left lower extremities.

The Board finds that the Veteran's current disabilities of both shoulders, lumbar spine, cervical spine, and COPD were not incurred in or otherwise the result of his active military service.

The Veteran's appeal was denied as her claim for an increased rating for the residuals of a compound, comminuted fracture of the right tibia and a simple fracture of the right fibula remained at 30 percent. Service connection was granted for back disability, right hip disability, and left hip disability.

The Board found that the Veteran's coronary artery disease and hypertension were not incurred in or aggravated by active service, nor may they be presumed to have been incurred therein. The low back disability was determined to be incurred in combat service and linked to a history of surgeries. Service connection for the skin disability is addressed in the REMAND portion.

The Veteran's hypertension is not related to his military service, including being caused or made worse by his service-connected PTSD. The Board denied the Veteran's claims for service connection.

The Veteran's claim for service connection for left S1 radiculopathy, lumbar myositis, grade I spondylolisthesis, L5-S1, with associated bilateral spondylosis, degenerative joint disease of the lumbar spine was granted. The other claims related to infertility and major depressive disorder were not pursued or addressed in this decision.

The Board has remanded the case due to new evidence submitted by the appellant and a need for a VA medical opinion regarding whether the Veteran's service-connected anxiety disorder contributed to his death.

The Board has determined that the Veteran's claimed gynecological disorder, neuroglycopenia/reactive hypoglycemia, low back disability, left knee disability, and shoulder disabilities are not related to her active duty service.