Back / lumbar spine decisions — 2009

The Board found no evidence of a relationship between the Veteran's current low back disability and his military service, including in-service injuries. As such, the claim for service connection was denied.

The Board denied the veteran's claim of service connection for a back disorder, finding that her failure to report for a VA examination without good cause resulted in denial of her claim.

The Veteran's claim for service connection for a back disorder, hiatal hernia/GERD, and lung disorder is denied. The claim for depression remains pending.,Service connection for the Veteran's claimed conditions is not granted as there is no evidence linking them to his military service.

The Board found no current low back disability and concluded that the Veteran's claimed condition was not incurred in or aggravated by active military service.

The Board denied the Veteran's application to reopen a claim of service connection for back disability, finding that new and material evidence had not been received since the April 1983 decision.

The Board denied increased ratings for the Veteran's service-connected lumbar sprain, finding that prior to May 27, 2005, the disability did not meet criteria for a rating in excess of 20 percent. From May 27, 2005, forward, it found no evidence warranting an increased rating beyond 40 percent.

The Veteran's claim for an increased rating for his service-connected arthritis of the lumbar spine with discectomy and fusion was denied as he is already receiving the highest available rating for this condition.

The Board denied the Veteran's claims for service connection for epi-retinal membrane of the right eye and low back disability, as well as his claim for an increased rating for PTSD. The decision also noted that the Veteran's combat status allowed him to allege a back injury in service.

The Board has determined that the Veteran did not file a timely substantive appeal for his claims of service connection for low back disability and bilateral hearing loss, as well as an initial rating in excess of 20 percent for left knee anterior cruciate ligament repair and an initial rating in excess of 10 percent for DeQuervain's tenosynovitis, left wrist. As a result, the claims are dismissed.

The Board denied the Veteran's claims for service connection for a lumbar spine disability and a compensable rating for bilateral hearing loss, finding no evidence of a nexus between his current conditions and his military service.

The Board denied the Veteran's claims of reopening his low back disability claim and for an increased evaluation for inactive tuberculosis. The evidence submitted did not raise a reasonable possibility of substantiating the claims.

The Veteran's appeal has been dismissed as the appellant withdrew his appeal prior to a decision being made.

The Board has determined that the Veteran's current lower back disabilities are not related to his service and have denied his claim for service connection.

The Veteran's claim for service connection for a bilateral leg disability and a back disability was denied as there is no competent evidence showing that these disabilities are related to his military service.

The Veteran's cervical spine disability, with radiculopathy in both shoulders, is currently rated at 40 percent. A separate rating of 20 percent for radiculopathy is granted.

The Veteran's low back disability has not been productive of a period of acute signs and symptoms due to intervertebral disc syndrome that requires bed rest prescribed by a physician and treatment by a physician, nor has there been any evidence of forward flexion of the thoracolumbar spine limited to 30 degrees or less. Therefore, her claim for an increased rating is denied.

The Board has determined that new and material evidence has been received to reopen the claim for service connection for lumbar spine stenosis. The Veteran's current disability is not related to his military service.

The Veteran's claim for nonservice-connected disability pension benefits is being remanded due to the need for a VA examination to evaluate his nonservice-connected disabilities.

The Veteran's claim for automobile and adaptive equipment or adaptive equipment only is denied as he does not meet the eligibility criteria based on his service-connected disabilities.

The Board found that the Veteran's current back disorder is not related to his period of active duty service and denied his claim for service connection.