Back / lumbar spine decisions — 2009

The Veteran's claim for a higher initial rating and earlier effective date for service connection of DDD of the lumbar spine was granted. The current rating criteria are more favorable to the Veteran than previous criteria.

The Board has determined that new and material evidence has not been submitted to reopen the claim of service connection for a back disability, as the provided evidence does not relate to an unestablished fact necessary to substantiate the claim.

The Board found no evidence of a current underlying disorder associated with the Veteran's complaints, and thus denied service connection for all claimed conditions.

The Board denied the Veteran's claims for service connection for a right hip disability and to reopen his claim of service connection for lumbosacral strain. The decision found that new and material evidence had not been submitted, and that any current back condition was likely congenital in origin.

The Board has granted service connection for PTSD and a back disability, finding that the Veteran's current conditions are related to his in-service injuries.

The Board has determined that the Veteran's claims for service connection for a back disorder and an ulcer have been denied. The claim for service connection for a back disorder was denied as there is no evidence of a current disability, while the claim for service connection for an ulcer remains denied due to lack of new and material evidence.

The Veteran's appeal was denied as he did not meet the criteria for compensation under Section 1151 due to lack of evidence showing VA carelessness, negligence, or fault in providing hospital care resulting in additional disability.

The Veteran's claims for service connection for cervical spine disorder with headaches, left knee disorder, lumbar spine disorder, bilateral shoulder disorder, and bilateral foot disorder have been granted.

The Board found that the Veteran's back and hip conditions are not related to his military service, as there is no evidence of such injuries during service. The current conditions are attributed to a workplace accident in 1983.

The Board has remanded the claims for additional development due to incomplete examination and failure to address DeLuca factors. The Veteran's service-connected calcaneal spurs of the left foot, talonavicular joint arthritis, bilateral Achilles tendonitis, and low back disorder are also being reviewed.

The Veteran's lumbar strain is currently rated at 10 percent, but does not meet the criteria for a higher rating based on his symptoms and examination findings.

The Board denied service connection for benign prostatic hypertrophy and low back disability, finding that the preponderance of evidence did not support a link to service.

The Veteran's appeal is being remanded due to the need for additional evidence and examination, including VA examinations for his feet and lumbar spine.

The Board has determined that the Veteran's current degenerative disc disease of the lumbar spine, claimed as arthritis and back pain, is related to service. Similarly, the cervical spine condition is also considered incurred in service. The bilateral leg pain with cramps and tingling and bilateral hip injury are found to be related to service or a service-connected disability.

The Veteran's claim for service connection for an upper back disability was not granted, but his intervertebral disc syndrome of L4-L5 is rated at 20 percent. The Veteran's TDIU claim was denied.

The Board has remanded the case due to the need for additional VA records, particularly those from May 2001, June 2001, and December 2002. The Veteran's claim for service connection for degenerative disc disease of the cervical spine remains under consideration.

The Veteran's appeal is being remanded for additional development, including obtaining National Guard medical records and verifying his exposure to herbicides. The VA will also schedule the Veteran for a VA audiological examination and podiatric examination.

The Board has remanded the case for further development, including a VA examination to determine if the Veteran's current disabilities are related to service and to rate his left knee disability.

The Veteran's lumbosacral strain with right S1 radiculopathy was rated at 20 percent since December 12, 2007. The effective date for this rating is set as of that date. The Veteran's claim for an earlier effective date was denied.

The Veteran's low back disability is granted as secondary to his service-connected right ankle and left foot disabilities. The Veteran's right ankle disability is rated at 20 percent, which is the maximum allowed under Diagnostic Code 5271. The Veteran's left foot disability is rated at 20 percent based on moderate severity.