Back / lumbar spine decisions — 2009

The Veteran's jaw pain is service-connected, but his low back, knee, shoulder, and hepatitis B disabilities are not.

The Veteran's lumbosacral traumatic arthritis with herniated nucleus pulposus was rated at 20 percent from December 13, 1984 to June 11, 1991 and at 60 percent since June 12, 1991. The appeal is denied as the Veteran does not meet the criteria for a higher rating under the applicable VA rating schedule.

The Veteran's claim for an increased rating for her service-connected low back pain was denied as a matter of law due to her failure to report for a scheduled VA examination.

The Board has granted service connection for a low back disability, finding that the condition is directly related to military service.

The Veteran's claims for increased ratings and TDIU were denied as his service-connected conditions did not meet the criteria for higher ratings or entitlement to a TDIU.

The Veteran's lumbar spine disability was increased to a 60 percent rating effective April 16, 2009. The claim for TDIU remains pending.

The Board denied the Veteran's claims for service connection of arthritis, scoliosis, cervical dorsolumbar paravertebral myositis (claimed as a back condition), chronic cystic mastitis to include fibroma of the right breast, and anxiety disorder not otherwise specified.

The Veteran's fibromyalgia, a qualifying chronic disability under the Persian Gulf War presumption, was manifested to a degree of at least 10% prior to December 31, 2011. Service connection for fibromyalgia is granted.

The Board has determined that the Veteran's degenerative disc disease of the lumbar spine is related to his active military service, and mild osteoarthritis of the bilateral hips was not incurred in or aggravated by active military service.

The Board has remanded the case for additional development, including obtaining treatment records from Fort Polk Hospital and Jackson VA Medical Center. The Veteran's claim will be readjudicated based on all evidence.

The Board denied the appellant's claims for service connection for an acquired psychiatric disorder, cervical disc disease, arthritis of the lumbar spine with mild disc disease and spondylolysis, right leg sciatica, and residuals of a postoperative scar on the bridge of the nose. The appeal is not about service connection at all.

The Veteran's lumbosacral strain and bilateral tinnitus are granted as service-connected, while his bowel disorder, plantar warts, moles, and right foot disability claims are denied.

The Veteran's lumbar spine disability is currently rated at 40 percent, with separate ratings for neurological manifestations and urinary incontinence. The increased rating claim has been granted.

The Board has granted service connection for degenerative joint disease of the lumbar spine and denied service connection for a stomach disorder, finding that the current conditions are more likely due to work-related injury during active duty.

The Veteran seeks service connection for his current low back disability, which he contends started with a back injury in service. The Board has determined that additional action is needed to obtain VA medical records and arrange for a VA examination.

The Board has decided that the Veteran's claims of entitlement to service connection for a neck injury and low back pain should be remanded due to outstanding VA treatment records and need for a VA examination.

The Board found that the Veteran's current lumbar spine disability is not related to his military service and denied his claim for service connection.

The Board has determined that additional evidence is needed to fully and fairly consider the merits of the Veteran's claims, including obtaining treatment records and scheduling VA examinations for her migraines, low back disorder, and PTSD.

The Veteran's claims for an initial evaluation in excess of 10 percent for degenerative disc disease of the lumbar spine prior to January 18, 1994 and for an effective date prior to January 18, 1994 for a TDIU were denied as there was no credible evidence that the Veteran's service-connected back disability prevented him from securing and maintaining substantially gainful employment prior to January 18, 1994.

The Board has remanded the case due to the need for additional medical records and a new examination. The Veteran's claim for service connection for degenerative disc disease, thoracic spine is on appeal.