Back / lumbar spine decisions — 2009

The Veteran's service-connected disabilities do not render him unable to secure or follow substantially gainful employment, and therefore his claim for a total disability rating based on individual unemployability due to service-connected disabilities is denied.

The Veteran's service-connected disabilities do not prevent him from obtaining and retaining employment consistent with his abilities, aptitudes, and interests; he does not have an employment handicap.

The Board has determined that the Veteran's claimed conditions, including prostate cancer, coronary artery disease, right knee and shoulder disabilities, and lumbar spine condition, are not related to his active service.

The Board has determined that the Veteran's current back disability is related to an injury sustained in service, and thus grants service connection for a low back disability.

The Veteran's claims for service connection and increased ratings were denied. The Board found no evidence of chronic sinusitis, and the Veteran's left forearm shrapnel wound residuals did not meet criteria for a higher rating prior to June 27, 2008 or from that date forward. The right buttock cyst removal scar and left foot wart removal scars were not shown to be disabling enough to warrant compensable ratings. The lumbosacral spine disability was found to not warrant an increased rating.

The Veteran's appeal has been withdrawn for the majority of issues. The claim for an increased rating for chronic fatigue syndrome is denied as it does not meet the criteria for a higher evaluation. The Veteran is also not entitled to special monthly compensation based on need for aid and attendance or housebound status.

The Board has determined that the Veteran's current low back disability was not incurred or aggravated during active duty and its incurrence or aggravation during such service may not be presumed. As a result, the claim for service connection is denied.

The Veteran's claims for service connection for bilateral hip arthritis, acquired visual disorder, low back disorder, and arthritis of multiple joints (other than the hips) have all been denied as there is no evidence linking these conditions to his military service.

The Veteran's appeal is being remanded due to inadequate medical opinions regarding the relationship between his service-connected left foot disability and his current right foot, back, and knee disorders.

The Board found no causal relationship between the Veteran's current low back disability and his service, denying his claim for service connection.

The Board has determined that the Veteran's low back disorder and hepatitis C were not incurred in or aggravated by service, and therefore denied both claims.

The Board has remanded the case for further development, including obtaining VA treatment records and requesting a supplemental opinion from a VA orthopedic physician.

The Board denied service connection for lumbosacral strain, cervical spine arthritis, and right knee arthritis as secondary to a service-connected disability.

The Board denied service connection for lumbar degenerative disc disease, allergic rhinitis, sinus problems with a lower left sinus cyst, and gall bladder problems, status post-cholecystectomy, all claimed as due to recurrent malaria. The Veteran's claims were reopened on new evidence but the service connection was still not granted.

The Veteran's claim for increased ratings for her service-connected low back disability is granted, with a rating of 10 percent prior to March 15, 2006 and 40 percent since that date.

The Board has remanded the case due to a lack of ship's logs for the USS SOUTHERLAND, which are needed to determine if service connection can be granted for the Veteran's claimed conditions.

The Board finds that the Veteran's low back disorder is at least as likely as not caused by his service-connected right lung disorder, and grants the claim for secondary service connection.

The Board has determined that there is no evidence of a current low back disability or persistent symptoms thereof, and thus the Veteran's claim for service connection for a low back disability cannot be granted. The skin disability claim was remanded.

The Board denied the Veteran's claims for service connection for a lumbar disc herniation and an initial compensable rating for erectile dysfunction, finding no evidence to support these claims.

The Board has remanded the case due to incomplete personnel records and a need for a new VA examination to determine if the Veteran's back condition is related to service.