Back / lumbar spine decisions — 2009

The Board denied the appellant's claims for service connection for tinnitus, hearing loss disability, and low back disability. The decision also noted that new and material evidence had not been presented to reopen these claims.

The Veteran's claim for a TDIU rating is being remanded due to the need for additional medical examination and opinion regarding his employability.

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

The Veteran's appeal is being remanded for additional development, including obtaining medical records and conducting new examinations to assess the current severity of his service-connected lumbar spine and cervical spine disabilities.

The Board denied service connection for degenerative disc disease of the lumbar spine and right ankle disability as there was no evidence of a current disability or nexus to service.

The Board has remanded the case due to a lack of evidence showing that the appellant was permanently incapable of self-support prior to her 18th birthday. The AMC is instructed to obtain SSA records for the appellant and review the expanded record.

The Board found that the Veteran does not have a current diagnosis of PTSD for VA purposes and denied service connection for PTSD. The low back disorder claim is remanded due to insufficient development.

The Board has remanded the case for additional development, including obtaining VA treatment records and scheduling a psychiatric examination. The issues of whether new and material evidence was submitted to reopen claims for service connection for back disability and for psychiatric disabilities are considered in light of the VCAA.

The Board has reopened the Veteran's claim for service connection due to new evidence showing a diagnosed low back disorder. However, it was determined that this condition pre-existed service and did not increase in severity during service. The current lumbar spine disorders are not considered service-connected.

The Board denied the Veteran's claims for service connection for a low back disorder and PTSD. The claim for low back disorder was not reopened due to lack of new and material evidence, while the claim for PTSD was denied as there were no verified in-service stressors.

The Board found that the Veteran's back disability was not incurred or aggravated by active service and is not proximately due to, or chronically aggravated by, his service-connected bilateral foot drop.

The Veteran is entitled to special monthly compensation based on the need for aid and attendance due to his service-connected disabilities, including major depression, arthritis of the lumbar spine, arthritis of the thoracic spine, and residuals of an appendectomy scar.

The Veteran's claims for increased ratings for his service-connected low back pain with degenerative changes and intervertebral disc syndrome, lumbar spine, as well as radiculopathy of the left and right lower extremities were denied. The evidence did not meet the criteria for a higher rating under applicable VA regulations.

The Board has determined that the Veteran's bilateral knee and low back disabilities are related to his service-connected foot disability, granting secondary service connection for these conditions.

The Board has denied the Veteran's petition to reopen his claim for service connection for a back disability, including a lumbar spine fusion of L4-L5, claimed as due to fracture of the coccyx. The evidence submitted since the October 1986 rating decision is not considered new and material because it does not relate to the unestablished fact necessary to substantiate the claim.

The Veteran seeks an increased rating for his service-connected lumbosacral strain with herniated nucleus pulposus. The Board has remanded the case to determine if there are any additional issues related to urinary and bowel incontinence, which may be a result of his service-connected back disability.

The Board has remanded the case for additional development, including obtaining updated medical records and scheduling specialized VA examinations to assess the veteran's service-connected disabilities. The issues of entitlement to service connection for hypertension, increased rating for degenerative disease of the lumbar spine, and a compensable rating for headaches remain in appellate status.

The Veteran's lumbar spine disability is rated at 40% due to incapacitating episodes of IVDS, and he is granted a separate 10% rating for radiculopathy in the right lower extremity. The TDIU claim is not addressed as it was not part of the appeal.

The Board has granted service connection for a back disorder and Meniere's Syndrome, both found to be related to the Veteran's service-connected bilateral pes planus and noise exposure during active duty. The TDIU claim is remanded for further development.

The Veteran's claim for service connection for residuals of a lumbar spine sprain, including as secondary to his service-connected bilateral knee condition is being remanded due to the need for additional examination and development.