Back / lumbar spine decisions — 2009

The Veteran's appeal has been dismissed due to the death of the Appellant.

The Veteran's service-connected degenerative changes of the lumbar spine do not meet or approximate criteria for a higher evaluation, as his range of motion does not warrant an increased rating under the applicable VA Rating Schedule. His residuals of a right pneumothorax also do not meet or approximate criteria for a higher evaluation.

The Veteran's back disorder is not service-connected as it did not arise during his military service and there is no evidence of a new disability acquired in service.

The Board has determined that the Veteran's service-connected low back strain warrants a disability rating of 30 percent, effective from the date of this decision.

The Board denied the Veteran's request to reopen his claim of service connection for a back disability and found that new and material evidence had not been received. The Veteran's hearing loss was also addressed, but as this issue is related to an earlier decision, it will be remanded for further action.

The Board denied the Veteran's claims for increased disability ratings for his service-connected degenerative disc disease of the lumbar spine and arthritis with instability in both knees. The criteria did not meet the requirements for higher ratings under the applicable rating criteria.

The Board denied the Veteran's claims for service connection for a lumbar spine disability and spastic paresis of the left lower extremity, finding that there was no evidence linking these conditions to his active service.

The Board has determined that the Veteran's low back disorder was aggravated by his active duty service, and therefore grants service connection for this condition.

The Board has remanded the case for further development of the evidence, including obtaining updated medical opinions and records from various providers.

The Veteran's claim for increased evaluations for lumbar degenerative arthritis was denied. The Board found that the Veteran did not meet the criteria for a higher evaluation from April 20, 2001 to February 25, 2005.

The Board denied the Veteran's claims for service connection and increased rating of his low back disorder, finding no evidence to support a link between his current conditions and his active service. The left knee condition was also not found to be related to service.

The Veteran's case is being remanded for additional development, including obtaining medical records and providing the Veteran with a VA examination to determine if his neurologic abnormalities are directly attributable to his service-connected low back disability.

The Board found that the Veteran's neck and low back disabilities are not etiologically related to his service, thus denying his claims for service connection.

The Veteran's cervical and lumbar spine disabilities have been granted service connection, with a 10 percent rating effective from April 4, 2002. The bilateral elbow disability claim was denied.

The Veteran's combined disability rating for pension purposes is 70 percent, but he does not meet the criteria for special monthly pension based on need for aid and attendance or being housebound.

The Board finds that the Veteran's current low back disability and bilateral leg pain are not related to service, as there is no evidence of a low back injury during his period of active military service from 1972 to 1974.

The Veteran's service-connected low back disorder is currently evaluated at 40 percent, and the Board finds that there is no basis for a higher evaluation based on the evidence of record.

The Board has determined that additional development is needed to properly assess the Veteran's claims, including obtaining service treatment records and Social Security Administration disability benefits information. The Veteran should be afforded a VA examination for his hearing loss and tinnitus.

The Board has determined that the Veteran's acquired psychiatric disorder, including PTSD and depression, is service-connected. The Board also found that her back disorder and hypertension are related to her military service.

The Veteran's initial evaluations for right and left knee disabilities were granted with separate 10% evaluations due to subluxation. The Veteran's cervical spine disability was also granted a 20% evaluation. However, the Veteran's PTSD claim was denied.