Back / lumbar spine decisions — 2009

The Veteran's claim for TDIU is being remanded due to the need for additional development, including a VA examination.

The Board found that the Veteran's service-connected disabilities did not cause his death or contribute substantially to it. The cause of death, asphyxia due to drowning, was unrelated to active duty service.

The Board has determined that a new examination is necessary to determine the etiology of the Appellant's current back disorder. The case will be remanded for this purpose.

The Veteran's hallux valgus deformity with callus and bunion formation was not incurred in or aggravated by active service. The Board denied the claim on the merits. The lumbar spine disability issue is remanded for further development.

The Board has determined that the Veteran's lumbar spine, gastrointestinal, and cervical spine disabilities are secondary to his service-connected post-operative scar of the abdomen. Service connection is granted for these conditions.

The VA determined that the Veteran's lumbar spine disability is not proximately due to, caused by, or aggravated by his service-connected left buttock and left hip disabilities.

The Board has determined that the overpayment of disability compensation benefits for arthritis of the lumbar spine in the amount of $524.00 was validly created, and thus the debt is upheld.

The Board has denied the Veteran's claim to reopen his service connection for a back disability as no new and material evidence was received, and the existing evidence does not relate to an unestablished fact necessary to substantiate the claim.

The Veteran's appeal is being remanded for additional development, including obtaining new and material evidence to reopen his claim of service connection for a back disorder. The AMC/RO will also obtain SSA records, verify the Veteran's claimed stressors related to PTSD, schedule him for VA examinations, and provide him with proper VCAA notice.

The Veteran's claims for increased ratings were denied. The VA determined that the evidence did not meet the criteria for a higher disability rating under any applicable diagnostic codes.

The Veteran's appeal is being remanded for additional development, including a VA examination to assess the severity of his service-connected lumbar disc disease and right knee disorders.

The Veteran's claims for service connection and evaluation of his knee disability, PTSD, back condition, and early systolic murmur were denied. The claim to reopen the early systolic murmur was granted.

The Board has decided to remand the case for further development, including a VA examination and an opinion regarding the etiology of the Veteran's low back disorder. The Veteran will be provided with another opportunity to respond after any additional development is completed.

The Veteran's claim for an increased rating for his service-connected herniated lumbar disc L4-L5, lumbar myositis, and L4 radiculopathy is being remanded due to the need for additional VA examination.

The Veteran's service-connected disabilities do not preclude him from obtaining and retaining all forms of substantially gainful employment consistent with his education and work experience.

The Board found no diagnosed underlying low back disorder associated with the Veteran's claimed low back pain and denied his claim for service connection.

The Veteran's lumbosacral strain has been rated at 10 percent since March 13, 2006. The Board found that a higher rating is not warranted as his forward flexion of the thoracolumbar spine was normal (90 degrees) and there was no additional functional loss with repetitive motion.

The Board has reopened the claims for service connection for a psychiatric disorder, ulcer disease, and low back disability due to new evidence received from the service department. The claims are granted.

The Veteran's low back disability, including both orthopedic and neurological manifestations, has been rated at 10 percent since February 17, 2006.

The Board has reopened the veteran's claim for service connection for a back disorder due to new and material evidence. The VA examiner concluded that the current back disorder is related to the veteran's military service, specifically his motor vehicle accident in November 1958. However, the Board found this opinion speculative and insufficient to establish service connection.