Back / lumbar spine decisions — 2009

The Board has determined that the Veteran's cervical spine, lumbar spine, and right shoulder disabilities were not incurred or aggravated by active military service. The claims are therefore denied.

The Board found no evidence of a back disorder in service or for many years thereafter, and no competent medical opinion linking the current back condition to service. The Veteran's claim for service connection for a lower back condition is denied.

The Veteran's bilateral hearing loss was not incurred in or aggravated by his military service. The Board found that the Veteran's current right elbow condition and lumbar spine condition are less likely related to his military service.

The Veteran's claims for increased evaluations for lumbosacral strain and bilateral hearing loss were denied. The Board found that the current ratings adequately reflect the severity of his service-connected conditions.

The Veteran's service-connected degenerative arthritis of the lumbosacral spine and right hip have been rated at their maximum allowable levels, with no further increase in rating granted.

The Board has determined that new and material evidence has not been received to reopen the Veteran's claim of entitlement to service connection for a low back disability.

The Board has determined that the Veteran's cervical spine disability was not incurred in or aggravated by service, and no arthritis affecting the cervical spine manifested to a compensable degree within one year following his separation from service. The claim for psychiatric disorder, low back strain, headaches, left knee and left foot disabilities is reopened as new and material evidence has been received.

The Board denied the Veteran's claims for service connection for a back disability and an increased rating for his right clavicle disability, finding that there was no evidence to support these claims.

The Veteran's appeal is being remanded due to the inadequacies of a December 2003 VA examination and the need for another examination by an orthopedic examiner. The Veteran also requested a personal hearing, which has been scheduled.

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

The Veteran's claim for an initial disability rating in excess of 20 percent for degenerative disc disease of the cervical spine at C5-6 was denied. The current rating is 20 percent, effective September 20, 2002.

The Veteran's lumbar spine disorder is currently rated at 20 percent, but the Board finds that it does not meet or approximate criteria for a higher rating based on functional loss due to pain and other symptoms.

The Board found that the Veteran's current multi-level spondylosis was most likely caused by aging and is less likely than not related to his in-service back injury.

The Veteran's claim for an initial rating in excess of 10 percent for lumbar strain from September 23, 2002 is being remanded due to the need for additional medical evaluation.

The Veteran's low back strain is currently rated at 10 percent, and the Board finds that a higher rating of 20 percent is warranted.

The Board found that the Veteran's current thoracolumbar spine disability is not causally related to his active service and denied his claim for service connection.

The Board has reopened the claim for service connection, but denied it on the merits. The evidence shows a current diagnosis of degenerative disc disease of the lumbar spine, but does not establish a link between this condition and service.

The Veteran's claim for an increased evaluation and service connection for a neurologic disability secondary to her low back disability is being remanded due to the need for additional development, including obtaining SSA records and scheduling a VA examination.

The Board has determined that additional development is needed to address the merits of the Veteran's service connection claims for diabetes mellitus, a nervous disorder, and lumbar spine degenerative disc disease with left leg radiculopathy.