Back / lumbar spine decisions — 2009

The Board has determined that the evidence received since the June 1984 rating decision is not new and material, thus denying the Veteran's request to reopen his claim of entitlement to service connection for a low back disorder.

The Veteran's residuals from back surgery do not meet the criteria for a rating in excess of 10 percent, as his range of motion and other functional limitations are within the scope of that evaluation.

The Board has remanded the case due to issues related to reopening a previously denied claim for service connection for a back disorder. The issue of whether clear and unmistakable error was committed in the 1971 rating decision is also being addressed.

The Board denied service connection for a psychiatric disability and did not address the evaluation of low back strain (a low back disability) in excess of 10 percent prior to February 15, 2007 and 20 percent from February 15, 2007 forward.

The Veteran experienced multiple complications following his VA surgery, including infections and other health issues. However, the evidence does not support a finding that these complications were caused by carelessness or negligence on VA's part.

The Veteran's degenerative disc disease and lumbosacral strain have not been manifested by unfavorable ankylosis of the entire thoracolumbar spine or intervertebral disc syndrome with incapacitating episodes having a total duration of at least six weeks during the past twelve months. As such, he is not entitled to a higher initial evaluation.

The Board has determined that additional development is needed before the claims can be decided on their merits.

The Veteran's combined total disability rating remains at 40 percent despite the assignment of a separate 10 percent rating for tinnitus, as his existing service-connected disabilities combine to yield this rating.

The Veteran's lumbar strain was found to have originated during active duty, and he is granted service connection for this condition. The claims for spina bifida occulta and bilateral hearing loss disability are remanded due to the need for further development.

The Veteran's appeal is being remanded to obtain additional medical records and for further examination. The issues of service connection for various conditions are on appeal.

The Board has remanded the case due to a failure to provide proper notice regarding the basis for previous denials of service connection claims.

The Veteran's cervical spine disability and fibromyalgia or sciatica were not found to be related to service, and the Board denied these claims.

The March 25, 2004 VA examination and May 11, 2004 bone marrow biopsy did not result in any additional disability to the Veteran.

The Board found that the Veteran's service treatment records do not show a current back disorder during or immediately following his military service. The VA examiner opined that any in-service injury did not cause the current back disorder, as it was more likely due to cumulative trauma over time. Therefore, the claim for service connection for a back disorder is denied.

The Board has remanded the case for further development, including obtaining additional medical records and providing a supplemental opinion regarding the etiology of the Veteran's low back disorder. The TDIU claim is also being remanded.

The Veteran's service-connected disabilities render her unemployable, and the Board has granted a total disability evaluation based on individual unemployability due to service-connected disabilities.

The Board found that the Veteran's back and right hip disorders are not related to his military service, and thus denied both claims.

The Veteran's claim for an evaluation in excess of 60 percent for his left L4-S1 radiculopathy with dorsolumbosacral paravertebral myositis and a dissicated and bulging disc at L5-S1 was denied. The maximum schedular rating has been assigned.

The evidence does not support a finding that the Veteran's current back disability is related to his military service, including an injury sustained in 1968 while moving a helicopter. The Board finds the opinions from the private chiropractor C.N., M.S., D.C. to be speculative and of little evidentiary value.

The Board denied the appellant's claims for service connection for cervical and lumbar spine disabilities, prostate cancer, a chronic sleep disorder, and an acquired psychiatric disability.,All issues were found to be without merit.