Back / lumbar spine decisions — 2009

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

The Board denied service connection for prostate disorder, erectile dysfunction, and tinnitus. The claims for service connection for degenerative joint disease of the lumbar spine and bilateral hearing loss were also denied. New and material evidence was not received to reopen these claims.

The Board has denied the Veteran's requests to reopen his previously denied claims for service connection due to lack of new and material evidence.

The Board denied the Veteran's claims for bilateral eye disorder, lumbar spine disorder, and psychiatric disorder as service connection was not established.

The Veteran seeks service connection for various conditions, including fibromyalgia and other health issues, all claimed as secondary to chemical and/or biological exposure during active duty. The Board finds that additional development is necessary due to the unclear nature of the classified agent exposure.

The Veteran's appeal is being returned to the RO for review of additional evidence and determination of whether he is entitled to a total rating based on individual unemployability.

The Veteran's claims for service connection for vision loss and low back disorder were denied. The claim to reopen the low back disorder was also denied as no new and material evidence was submitted.

The Veteran's claims for service connection are being remanded due to the need for additional development, including obtaining Social Security Administration records and providing a VA examination.

The Board has determined that the Veteran's service-connected PTSD and diabetes mellitus, type II, were contributory causes of his death. As a result, the claim for service connection for the cause of the Veteran's death is granted.

The Veteran's claim for a combined rating in excess of 50 percent for his low back disability is being remanded due to the need for additional development, including obtaining private treatment records and clarifying the March 2008 examination report.

The Board has remanded the case for additional medical opinions on service connection claims for tinnitus, stomach disorder, and low back injury. The Veteran's alcohol abuse is also a factor to be considered in determining the etiology of his stomach disorder.

The Board has remanded the case for further development due to incomplete records and procedural issues.

The Board denied service connection for PTSD and continued the denial of service connection for the Veteran's back condition. The claim to reopen the previously denied claim for service connection was also denied.

The Veteran's claim for service connection for a chronic back disorder, to include ankylosing spondylitis was denied as the evidence did not support a finding that his current condition was incurred in or aggravated by service.

The Board found that the Veteran's current back disorder was not incurred in service and denied his claim for direct service connection. However, he developed a chronic back disability as a result of a September 2000 lumbar puncture performed at a private facility, which resulted in multi-level degenerative changes of the lumbosacral spine. The Board found that this event was not reasonably foreseeable and granted compensation under 38 U.S.C.A. § 1151 for his back disorder.

The Board has remanded the case for further development due to inadequacies in the previous examination and additional medical opinions.

The Veteran's claims for increased ratings were denied. The Board found that the Veteran did not meet the criteria for a higher rating for his low back strain, meniscectomy of the left knee with traumatic arthritis, or degenerative changes of the right knee.

The Veteran's IBS is granted as due to an undiagnosed illness, and his low back disability is denied.

The Veteran's lumbar spine disorder is manifested by moderate recurring attacks and slight to moderate limitation of motion with some additional loss of motion due to pain. The criteria for an initial rating higher than 20 percent for a lumbar spine disorder have not been met.

The Veteran's claim for an increased rating for his service-connected degenerative joint disease of the lumbar spine is being remanded due to scheduling issues and the need for additional medical records.