Back / lumbar spine decisions — 2009

The Veteran's appeal is being remanded for additional development, including obtaining updated treatment records and scheduling a VA examination to assess the current severity of his right knee and lumbar spine disorders.

The Board has determined that the Veteran's current back disability is not related to his military service and thus denied his claim for service connection.

The Board has granted service connection for lumbar spine disability and cervical spine disability, finding that the appellant developed these conditions during his active duty special work (ADSW) assignment. Service connection for respiratory disability is also granted as it falls under the presumptive provisions due to participation in Operation New York City following the September 11th attacks.

The Veteran's service-connected knee and spine disabilities did not contribute substantially or materially to his cause of death, which was due to ischemic heart disease. The Board finds that the preponderance of evidence is against a finding that any service-connected disability caused or contributed to the Veteran's death.

The Board has determined that the Veteran's claim for service connection for a chronic low back disability, spondylosis of the lumbar spine, was denied as new and material evidence had not been received to reopen the previously denied claim.

The Board has remanded the case due to failure to comply with previous remand instructions and inadequate statement of reasons and bases for its decision. The Veteran's treatment records from Dr. Georges El-Bahri need to be obtained.

The Veteran's bronchial asthma, low back pain, cervical pain, and headaches were not incurred in or aggravated by service. The Board denied these claims.

The Board has remanded the claims for service connection due to issues with the Veteran's mailing address and a need for additional development, including VA examinations.

The Board found that the Veteran's back disorder was not incurred in or aggravated by service, and could not be presumed to have been incurred or aggravated in service. The Board also determined that it is at least as likely as not that the Veteran's low back condition is not related to his bilateral flat foot condition.

The Board found that the Veteran's right leg, right hip, and low back disorders are not related to his period of service. The claims for service connection were denied.

The Board found that the Veteran's low back, cervical spine, and migraine headaches disorders are not service-connected. The evidence did not support a finding of direct service connection for these conditions.

The Veteran's tinnitus is service-connected as it is a result of noise exposure during his active duty as a helicopter pilot. The back disorder and gout are also service-connected, with the latter being linked to active duty service. The initial rating for ingrown toenail remains noncompensable.

The Board has determined that the Veteran's service-connected conditions do not warrant a higher rating for his degenerative disc disease at L5-S1, but does find new and material evidence to reopen his claim of service connection for bilateral hearing loss. The Veteran's restless leg syndrome is found to be secondary to his service-connected low back disability.

The Board found no evidence of a low back condition during service and denied the Veteran's claims for bilateral hand and wrist disability and bilateral ankle disability due to lack of continuity of symptoms after service.

The Board has remanded the case due to the need for additional VA and non-VA medical records regarding the Veteran's treatment.

The Veteran's service-connected lumbosacral strain with Schmorl's node T-11 is not rated higher than 20 percent, and his left ankle disability was not incurred in or aggravated by service. The claim for increased ratings is denied.

The Board has remanded the Veteran's claims for further development, including obtaining SSA records and a VA examination to assess his PTSD and lumbar spine disability.

The Veteran's service-connected IVDS with radiculopathy and osteoarthritis of the thoracolumbar spine is now rated at 40 percent effective May 14, 2008. The previous ratings for L4-L5 disc bulge with radiculopathy (lumbar spine disability) and arthritis of the thoracic spine from T9 to T12 remain unchanged.

The Veteran's claims for service connection for a back disorder and bronchial asthma are being remanded due to the need for additional development, including obtaining relevant medical records and notifying her of what evidence is necessary to reopen her claim.

The Veteran's claims for service connection were denied as the preponderance of the evidence did not support a finding that any claimed conditions were incurred or aggravated by military service, including as due to an undiagnosed illness.