Back / lumbar spine decisions — 2009

The Veteran's chronic low back strain and radiculopathy of the lower extremities have been rated at their maximum levels, with no further increase in rating possible.

The Veteran's claim for a higher rating for degenerative disc disease of the lumbosacral spine was denied as his disability did not meet the criteria for a higher rating under the applicable VA Rating Schedule.

The Veteran's appeals were denied as new and material evidence was received for some claims, but no effective date adjustments were granted due to the nature of the appeal. The Veteran's conditions continue to be rated based on existing evidence.

The Veteran's claims for service connection were denied across multiple issues, including dermatitis, PTSD, hip and knee disabilities, muscle cramps, shoulder impingement, upper back condition, cervical spine syndrome (neck condition), low back disability, and ankle disability. The appeals are all now denied.

The Veteran's low back strain disability is currently rated at 20 percent, and the claim for an increased rating has been granted. The issue of reopening his service connection claim for inguinal strain remains unresolved.

The Veteran's appeal is being remanded for a new VA examination to address whether his service-connected pes planus has caused or aggravated his low back disorder, and for the RO to consider additional evidence submitted by the appellant.

The Board has granted service connection for postoperative laminectomy and disk excision times two at the L4 and L5 disks, finding that the Veteran's current low back disability is related to his in-service injuries.

The VA determined that the Veteran's low back disability is not related to his military service.

The Board found no evidence of a service-connected lumbar degenerative disease and denied the Veteran's claim.

The Veteran's degenerative joint disease of the lumbar spine is characterized by moderate limitation of motion, but no evidence of favorable ankylosis. The Board found that the criteria for a higher rating were not met.

The Veteran's claims for service connection were granted, with a 10 percent evaluation assigned for cholecystectomy syndrome with GERD and diarrhea. The claim for tinnitus was also granted. Other claims remain pending.

The Veteran's appeal has been withdrawn, and the case is dismissed.

The Veteran's appeal is being remanded due to the need for additional development, including preparation of a supplemental statement of the case (SSOC), VA examination and stressor verification.

The Veteran's initial hearing loss disability was granted but assigned a non-compensable evaluation. For lumbosacral strain, the Veteran did not meet criteria for an increased rating prior to September 26, 2003 and after that date, she also did not meet criteria for an increased rating.

The Veteran's claim for an evaluation in excess of 40 percent for fibrositis is denied. The request to reopen the claim for service connection for Gulf War Syndrome has been granted, but the claim for service connection itself remains denied.

The Board has remanded the case for further development, including a VA examination to determine if the Veteran's back disability had its onset in service or is related to his military service.

The Veteran's lung disorder, including chronic bronchitis, was not incurred in or aggravated by service. The evidence associated with the claims file since the December 1988 decision that denied service connection for a back disorder is new and material, and service connection for a low back disorder, to include as secondary to stress fractures of the right superior and inferior pubic rami, is reopened.

The Veteran's appeal is remanded due to inconsistencies in medical records and the need for a new VA examination to assess his current condition.

The Veteran's osteoarthritis of AC joint, chronic AC separation and rotator cuff strain, left shoulder is rated at 20 percent. The claim for an increased rating has been granted.

The Board has decided to remand the case for further development, including obtaining medical records from VA facilities in Huntington and Lexington during a specific period.