Back / lumbar spine decisions — 2009

The Veteran's claims for service connection for tinnitus, right foot disorder, left shoulder disorder, low back strain, and left hallux valgus deformity were denied. The Board found that the evidence did not support a finding of service connection for any of these conditions.

The Board denied the Veteran's claims for service connection for a right shoulder condition and a back condition, as well as his claims for glaucoma, bilateral hearing loss, and tinnitus. The evidence submitted since the November 2001 rating decision did not provide new and material evidence to reopen any of these claims.

The Board denied the Veteran's claims for earlier effective dates for service connection of his left hip and lumbar spine disabilities, finding that no informal claim was filed prior to June 20, 2005.

The Board has determined that the Veteran does not have a current disability related to service for any of the claimed conditions, including bilateral hip disorder, right knee degenerative changes, left knee disorder, bilateral ankle disorder, or lumbar spine arthritis. As such, these claims are denied.

The Board found no evidence linking the Veteran's current low back condition to his service, and denied his claim for service connection.

The Board denied service connection for the cause of death due to motor vehicle accident and resulting head injury, as well as DIC under 38 U.S.C.A. § 1318.

The Veteran's claim for an increased evaluation for his service-connected low back disability is being remanded due to the need for additional medical records and a VA examination.

The Veteran's appeal has been withdrawn before a decision could be made.

The Board has remanded the case to the Department of Veterans Affairs Regional Office for further adjudication consistent with the Court's decision.

The Board has remanded the case for a new VA examination to determine if any diagnosed low back disabilities are etiologically related to the Veteran's period of service. The appellant is advised that failure to report for any scheduled examination may result in the denial of his claim.

The Board has remanded this case for additional development, including a VA examination and scheduling of the Veteran's requested videoconference hearing.

The Board found no evidence of current residuals from the head injury sustained in service, and denied service connection for a back disorder. The Veteran's headaches were also not shown to be related to service.,Service connection was denied for all three conditions as they are not considered to have been incurred or aggravated by active military service.

For the time period prior to October 14, 2008, the Veteran's hallux valgus of the right and left feet were not shown to warrant a compensable evaluation.,For the time period from October 14, 2008, the Veteran's hallux valgus of the right foot was manifested by moderate to severe deformity that limited function. The left foot remained noncompensably disabled.

The Board found that the Veteran's degenerative disc disease of the cervical spine was not incurred in or aggravated by active military service, and arthritis could not be presumed to have been incurred in active service.

The Veteran's degenerative disc disease of the cervical and lumbosacral spine is not shown to have had its onset during active service or for several years thereafter, nor is either shown to be due to an injury or other event of any period of active service. The Board denies service connection.

The Veteran was granted entitlement to a total rating for compensation based on individual unemployability (TDIU) due to his service-connected degenerative disc disease of the lumbar spine, effective from December 5, 1994.

The Veteran's claim for increased evaluations for lumbosacral strain is being remanded due to the need to obtain additional information and possibly further medical examination.

The Board has remanded the case to the RO for readjudication consistent with a Joint Motion, which found error in not requesting etiology opinions due to the Veteran's lay evidence of service connection.

The Board denied the Veteran's claim for service connection for a back disability, finding that his congenital defects of spina bifida occulta and scoliosis were present at the time of enlistment and did not worsen during service. The DDD was also determined to be unrelated to service or an incident of service origin.

The Veteran's low back pain with limitation of motion prior to July 25, 2008 was not productive of severe limitation of motion.,On or after July 25, 2008, the Veteran's low back pain with limitation of motion and left lower extremity radiculopathy has not been shown to be productive of unfavorable ankylosis of the entire thoracolumbar spine or of the entire spine.