Back / lumbar spine decisions — 2009

The Board has decided to remand the case for additional development, including obtaining service treatment records and seeking any pertinent private medical records.

The Veteran's claims for increased ratings for his service-connected lumbosacral spine, right knee, and left knee disabilities were denied. The Board found that the evidence did not meet the criteria for a higher rating under the applicable diagnostic codes.

The VA determined that the appellant's spondylolisthesis, spinal stenosis and degenerative disc disease lumbosacral spine warrants a 20 percent rating from August 17, 2007 until July 2, 2008.

The Veteran's claim for an increased evaluation for his service-connected degenerative changes, lumbar spine with residuals was denied as there is no evidence of incapacitating episodes or unfavorable ankylosis.

The Veteran's claims for service connection for tinnitus and increased ratings for ligamentous lumbosacral strain were denied. The Board found that the evidence did not support a finding of current tinnitus or a link between any current condition and service.

The Veteran's claims for increased ratings for his service-connected right wrist strain and temporomandibular joint dysfunction, with ear pain and muscle spasms, are denied. His claim for an initial rating in excess of 10 percent for his service-connected lumbar strain is also denied as there is no evidence of incapacitating episodes due to intervertebral disc syndrome that required bed rest prescribed by a physician and treatment by a physician.

The Veteran's appeal was denied as his claims for increased ratings were not substantiated by the evidence of record.

The Board has dismissed the appeals for service connection for a sleep disorder and depression due to withdrawal by the Veteran's representative. The claim of service connection for a back disability is denied as there is no evidence of an in-service injury or disease related to the current condition, and the post-service medical records do not show continuity of symptomatology with any diagnosed disability.

The Board has granted service connection for tinnitus, a low back disorder, and PTSD. The Veteran's claims are supported by credible evidence of in-service stressors and medical diagnoses linking his current conditions to those events.

The Veteran seeks service connection for multiple disabilities, including a torn rotator cuff of the right shoulder, right knee meniscus tear, chronic back disorder, and left leg disability. The appeal is being remanded to obtain additional medical opinions regarding the etiology of these conditions.

The Board denied increased ratings for chronic lumbar strain, dysthymia, and bilateral pes planus with bilateral plantar calcaneal spurs and bilateral osteoarthritis/degenerative changes to talar-navicular articulation.

The Veteran's service-connected disabilities, including bilateral hallux abductor valgus with calcaneal spurs, inflammatory arthritis, gout, degenerative joint disease of the thoracic and lumbar spines, chronic lymphedema of both lower extremities, chronic strain of the left foot associated with hallux abductor valgus, foot strain of the right foot associated with hallux abductor valgus, and residuals of chronic cervical strain, result in unemployability. The case is being remanded for further consideration under 38 C.F.R. § 4.16(b).

The Board has remanded the case for additional development, including obtaining service treatment records and National Guard medical records. A VA examination is also required to determine if the Veteran's current back disability is related to his military service.

The Board has determined that the Veteran's left knee and low back disorders are not related to his service-connected left fifth metatarsal fracture, and therefore denied both claims for service connection.

The Veteran's lumbar spine disability is currently rated as 10 percent disabling, effective October 1, 2001. The Board has determined that the evidence does not support a higher rating prior to May 10, 2006 and from May 11, 2006 onwards.

The Board denied the appellant's claims for a temporary total disability evaluation, an increased evaluation for his lower back disability, and service connection for PTSD. The decision found that there was no surgery or immobilization of the lower back during the period in question.

The Veteran's claims for service connection for a back disorder and PTSD are being remanded due to the need for further review by medical professionals.

The Board has ordered additional development due to outstanding VA treatment records and a need for a new examination of the boxer fracture to the left hand. The claims are being remanded.

The Board denied the Veteran's claims for service connection for a low back disorder and an increased rating for varicose veins. The Veteran is not entitled to service connection for his low back disorder, as there is no evidence of a chronic condition that began in or was aggravated by service. His current low back disorders are not related to service. For the right leg varicose veins claim, the Board found insufficient evidence to grant an increased rating beyond 40 percent.

The Board granted a 20 percent disability rating for the appellant's service-connected low back strain, effective from March 21, 2007. The current rating is based on moderate functional impairment of the lumbar spine.