Back / lumbar spine decisions — 2009

The Board finds that the Veteran's residuals of right hip replacement and lower back condition, claimed as a bulging disc, are not service-connected. The evidence does not support a finding that these conditions were incurred or aggravated during his military service.

The Veteran's claim for an increased rating for his service-connected lumbosacral strain with degenerative disc disease is being remanded due to the need for additional medical records and examination.

The Board denied the appellant's claims for service connection for various conditions, including arthritis of the right knee and lumbar spine, residuals of a left ankle sprain, arthritis of the right shoulder, body cramps, hepatitis C, peripheral neuropathy of the lower extremities, hypertension, and coronary artery disease. The appeals were dismissed due to lack of evidence or insufficient material.

The Board found that the Veteran's chronic sinus disorder, bilateral hearing loss, and low back disorder were not incurred in or aggravated by active service. The Board also found that the Veteran did not meet the criteria for a compensable evaluation for recurrent left ankle sprain.

The Board finds that the Veteran's claimed disabilities are not related to his active military service, including exposure to herbicides. The preponderance of the evidence is against a finding that any current disability was incurred or aggravated by service.

The Veteran's claims for increased evaluations and service connection were denied. The claim to reopen a back disability was also denied due to lack of new and material evidence.

The Board has dismissed the appeal due to the Veteran's death and cannot proceed with the merits of her claims.

The Veteran's appeal is being remanded for additional development, including obtaining medical records and scheduling examinations to address the issues of service connection for a right knee disorder as secondary to lumbosacral spine disability and an increased rating for lumbosacral spine disability.

The Veteran's degenerative joint disease and degenerative disc disease of the lumbar spine are currently rated at 10 percent, but do not meet the criteria for a higher rating based on limitation of motion or combined range of motion. The Board finds that the current schedular rating adequately reflects the severity of the disability.

The Board has determined that the Veteran's claimed right leg, right hip, left hip, and low back disorders are not related to his active military service or due to a service-connected disability. As such, these claims for service connection have been denied.

The Board has denied the Veteran's claims for service connection for a right knee disability and a back condition, finding that there is no evidence of a nexus to service.

The Veteran's appeal is being remanded to the RO for scheduling a hearing before a traveling Veterans Law Judge. The case will be returned to the Board if necessary.

The Veteran's appeal is being remanded for additional development, including obtaining SSA records and VA treatment records. The Veteran will also be afforded VA examinations to determine the impact of his service-connected disabilities on his ability to work.

The Veteran's low back disability does not meet the criteria for a rating in excess of 20 percent, as his symptoms do not warrant more than the current 20 percent evaluation based on moderately limited range of motion and no severe limitation of motion or neurological deficits.

The Board has remanded the issues of whether new and material evidence has been received to reopen a claim of entitlement to service connection for disability of the lumbosacral spine, entitlement to service connection for sleep disorder, and entitlement to an increased rating for hiatal hernia with gastroesophageal reflux disease. The Veteran's current hiatal hernia with GERD is currently rated as 30 percent disabling.

The Board has determined that the Veteran's low back disability was not incurred or aggravated in service and is not related to a disease or injury during active service. As such, service connection for this condition is denied.

The Board has reopened the claims for service connection for dysthymia and a back disability, finding that new and material evidence has been submitted. The Veteran's psychiatric condition is now considered to be related to her military service.

The Veteran's low back disability is manifested by marked limitation of forward bending in standing position, loss of lateral motion with osteo-arthritic changes, and functional impairment due to pain and fatigue. The Board finds no support for an increased rating under the pre-amended version of Diagnostic Code 5295 over any portion of the rating period on appeal.

The Board has determined that additional evidence is needed to fully and fairly consider the Veteran's claims, including VA outpatient treatment records, surgical reports, an audiogram dated between 2005 and 2007, and a magnetic resonance imaging (MRI) of the lumbar spine.

The Veteran's service-connected residuals of lumbosacral injury have been rated at 20 percent since the effective date of service connection. The current range of motion does not meet the criteria for a higher rating under the applicable VA rating schedule.