Back / lumbar spine decisions — 2009

The Veteran's claims for service connection of PTSD and degenerative disc disease are being remanded due to the need for additional development, including a search of unit records and court-martial records.

The Board has remanded the case for further development and consideration, including obtaining outstanding VA treatment records and providing proper VCAA notice.

The Board denied the appellant's request for an increased evaluation of his lower back disability, finding that the evidence did not support a rating in excess of 40 percent.

The Board found that the Veteran's current low back disability is not related to his active military service, and thus denied his claim for service connection.

The Veteran meets the percentage standards for a TDIU due to his service-connected disabilities and is unemployable.

The Board has remanded the case to determine if an extra-schedular rating is warranted for the Veteran's service-connected degenerative disc disease of L5-S1.

The Veteran's claims for increased ratings and an earlier effective date are being remanded due to the need for additional development of the record.

The Veteran's claim for an increased rating for his post-operative lumbar laminectomy with advanced degenerative disc disease is granted, and he is awarded a 40 percent disability rating. The claim for service connection for bilateral lower extremity radiculopathy secondary to his service-connected lumbar spine condition is also granted.

The Veteran's service-connected lumbosacral strain and degenerative spurs of the cervical spine were granted increased ratings, with a 20 percent rating for right shoulder tendonitis effective July 18, 2008. The Veteran's varicose veins are rated at 10 percent each, and TDIU is denied.

The Board found no credible evidence of an in-service injury or chronic low back symptoms, and concluded that the Veteran's current low back disorder is not related to service.

The Veteran's back condition, diagnosed as mild degenerative arthritis of the lumbosacral spine and lumbosacral strain, has been rated at 20 percent disabling since January 12, 2009. The rating is based on moderate limitation of motion.

The Board has granted service connection for low back degenerative changes and denied service connection for a right ankle condition. The Veteran's current right ankle sprain is not shown to be related to his military service.

The Board finds that the Veteran's back disability, including ankylosing spondylitis, is causally related to his military service and grants service connection for this condition.

The Board denied an initial evaluation in excess of 10 percent for a lumbar myofascial strain, finding that the Veteran's disability did not meet the criteria for a higher rating based on her range of motion and other symptoms.

The Board has determined that the Veteran's current thoracolumbar kyphosis is a natural progression of the mild kyphosis first noted during service, and thus grants service connection for this condition.

The Veteran's service-connected osteoarthritis of the lumbar spine is found to be secondary to his peripheral neuropathy. From April 29, 2005 to June 30, 2008, he was granted a rating of 10 percent for this condition.

The Veteran's service connection claim for right S1 radiculopathy is granted. The reduction of the Veteran's disability compensation benefits due to incarceration for a felony conviction was proper.

The Board has decided to remand the case due to insufficient evidence regarding the etiology of the Veteran's low back disorder, and a VA examination is needed.

The Veteran's service-connected loss of vision, left eye is rated at 30 percent. His service-connected osteoporosis with multiple fractures, thoracolumbar spine, was increased to 40 percent effective January 7, 2008.

The Board denied the Veteran's claims for an earlier effective date, increased evaluation, and extraschedular rating for his service-connected low back disability. The appeal is based on a lack of evidence indicating intent to seek benefits prior to April 21, 2006.