Back / lumbar spine decisions — 2009

The Board has granted the petition to reopen the claim for service connection for a lumbar spine disability and remanded it for additional development.

The Board found that the objective and probative medical evidence does not support a finding of a currently diagnosed low back disorder related to any in-service disease, injury, or event.

The Veteran's claim for an increased evaluation for his service-connected low back disability was denied as the evidence did not show incapacitating episodes or severe limitation of motion, warranting a rating higher than 20 percent.

The Board has determined that the Veteran's lower back disorder and peripheral neuropathy of the lower extremities are related to his service, with reasonable doubt resolved in favor of the Veteran. Service connection is granted for both conditions.

The Board denied the Veteran's claim for service connection for low back disability, finding that no new and material evidence had been submitted to reopen the previously denied claim.

The Board found no evidence of chronic back or shoulder disabilities that were incurred in service, and thus denied the Veteran's claims for service connection.

The Veteran's claims for increased ratings for lumbosacral strain associated with Schmorl's nodes and right shoulder impingement syndrome are being remanded due to the need for additional development.

The Veteran's appeal is being remanded for additional development, including obtaining medical records and scheduling VA examinations to assess the nature and etiology of his claimed disabilities.

The Veteran is seeking service connection for arthritis of the lumbosacral spine. The Board finds that additional development, including obtaining medical records and Social Security Administration (SSA) disability determination, is needed before a decision can be made on his claim.

The Board denied the Veteran's claims for higher initial ratings for his service-connected GERD with hiatal hernia and thoracolumbar paraspinal tendonitis, as there is no evidence of symptoms that warrant a higher rating under VA regulations.

The Veteran's claims for increased evaluations of his service-connected disabilities are being remanded due to the need for additional examinations and consideration.

The Board has decided to remand the case for additional development, including obtaining SSA records and other pertinent medical records.

The Board has determined that the Veteran's claims for an increased rating for his service-connected low back disorder and for service connection for PTSD require further development, including obtaining additional VA treatment records, verifying in-service stressors, and scheduling a VA examination. The case is REMANDED to the RO for these actions.

The Board found that the Veteran's low back disorder is not service-connected as it existed prior to service and was not aggravated by service. The preexisting defect at L5-S1 of the Veteran's spine was considered a developmental condition, and there was no evidence of permanent increase in severity during service.

The Veteran's service-connected disabilities are being reviewed to determine if they result in the need for specially adapted housing or special home adaptation grant.

The Veteran's appeal is being remanded for further development and due process requirements, including obtaining VA outpatient treatment records and scheduling a VA examination to assess the impact of his service-connected disabilities on his employability.

The Board denied the Veteran's claim for service connection for spinal disorders, including cervical, thoracic, and lumbar spine disabilities, finding no evidence of a nexus between his current conditions and military service.

The Board denied a rating in excess of 40 percent for the Veteran's service-connected degenerative disc and joint disease with spondylolysis at L4-5, finding that there was no persuasive evidence of unfavorable ankylosis or incapacitating episodes lasting six weeks or more. The decision also noted mild radiculopathy of the lower extremities.

The Veteran's claims for initial compensable ratings for low back strain and status post sperm granuloma were granted, with the rating of 10% assigned for low back strain effective October 29, 2006. The claim for status post sperm granuloma was not met.

The Veteran's appeal is being remanded for additional development, including a VA examination to assess the nature and extent of his service-connected chronic lumbar strain.