Back / lumbar spine decisions — 2009

The Board found that the Veteran's current back condition is not related to his active duty service or a service-connected right knee disability.

The Veteran's combined rating is 50%, which does not meet the criteria for a TDIU. The VA and SSA have determined that he cannot work due to his service-connected conditions, but the Board finds this level of impairment adequately reflected in his current disability ratings.

The Veteran's claims for higher initial ratings for his service-connected degenerative disc disease of the lumbar spine and arthritis of the left knee were denied. The Board found that the evidence did not meet the criteria for a higher rating under the old rating criteria.

The Board denied the Veteran's claims for service connection for degenerative disc disease of the lumbar spine, right leg disability, left leg disability, and erectile dysfunction. The evidence did not show that these conditions were incurred or aggravated by active service.

The Board has determined that new and material evidence has been received sufficient to reopen the claim of service connection for back disability. The Veteran should be scheduled for an appropriate VA examination to determine whether he has any back disability related to service.

The Veteran's service-connected degenerative joint and disc disease of the thoracolumbar spine has been rated at 20 percent since September 26, 2003, due to moderate recurring attacks of intervertebral disc syndrome (IVDS).

The Veteran does not have additional low back disability, to include nerve damage, as a result of VA surgery in August 1991.

The Veteran's service-connected DJD of the lumbosacral spine was granted a 40 percent evaluation effective November 3, 2004. The Veteran's GERD is also rated at 30 percent under Diagnostic Code 7346.

The Veteran's myofascial pain syndrome affecting the right shoulder, neck, and back is not shown to meet or approximate the criteria for a higher rating under Diagnostic Code 5025. The evidence does not show widespread musculoskeletal pain and tender points that are constant or nearly so, and refractory to therapy.

The Board found that the reduction of the Veteran's disability rating for service-connected lumbar strain was not proper, and denied his claims for service connection for left knee disorder and left hip disorder.

The Board denied the Veteran's claims of service connection for right hip cellulitis, pulmonary tuberculosis, tinnitus, and a low back disorder. The claim for cognitive disorder was not addressed as it is related to an issue not involving service connection.

The Board has remanded the claims due to incomplete records and need for additional development.

The Veteran's service-connected degenerative disc disease of the lumbar spine and chronic dyspeptic symptoms related to gastritis are considered for a TDIU rating, but further medical opinion is needed to determine if these conditions alone prevent him from securing or following substantially gainful employment.

The Veteran's degenerative disc disease of the lumbar spine is currently rated at 40 percent, and the Board finds that a higher rating is not warranted based on the evidence provided.

The Board has determined that new and material evidence has not been received to reopen the Veteran's claim of service connection for a back disability. The previous denial was based on lack of aggravation during active duty, as there is no evidence showing an increase in severity of the pre-existing condition.

The Board denied the Veteran's claims for service connection for shell fragment wounds to the back and a back disability, finding that new and material evidence was not submitted to reopen the claim for shell fragment wounds to the back. The back condition is not related to active military service.

The Veteran's service-connected lumbosacral strain with degenerative disk disease and thoracic facet dysfunction with degenerative disc disease is currently rated at 10 percent, effective September 1, 2005. The cervical spine disability is also rated at 10 percent.

The Board denied the Veteran's claims for service connection for back, left leg, and left hip disabilities. The decision found that new evidence did not relate to an unestablished fact necessary to substantiate the claim and did not raise a reasonable possibility of substantiating the claim.

The Board has determined that new and material evidence has not been submitted to reopen the Veteran's claims of entitlement to service connection for lumbosacral strain and a cervical spine disability. The evidence added since the previous final denial is considered cumulative or redundant.

The Veteran is unable to secure and maintain substantially gainful employment due to the severity of his service-connected disabilities, which include degenerative disc disease, degenerative changes of both knees, diabetes mellitus type 2, pes cavus in both feet, hypertension, arthritic changes of the left shoulder, and rheumatoid arthritis affecting both lower extremities.