Back / lumbar spine decisions — 2009

The Board has determined that the Veteran's low back and left knee disorders are not service-connected, with no evidence of a direct connection to his active duty or any service-connected conditions.

The Board denied the veteran's claims for increased disability ratings for his lumbosacral strain, finding that prior to September 26, 2003, he was entitled to a 10 percent rating. From September 26, 2003, he is not entitled to any higher rating.

The Board denied the Veteran's claims for service connection for tinea versicolor, increased saliva production, right shoulder disorder, and thoracolumbar spine disorder. The evidence did not support a finding of in-service incurrence or aggravation of these conditions.

The Board denied service connection for residuals of a cervical hyperextension injury and denied an increased rating for idiopathic thoracolumbar scoliosis with postoperative spinal fusion from T-3 to L-1. The Veteran's cervical spine disability was not shown to be related to her service-connected thoracolumbar scoliosis, and the current 40 percent rating adequately reflects the severity of her thoracolumbar condition.

The Board found that the Veteran's PTSD was not incurred in service due to lack of verified stressors. The claim for degenerative disc disease of the lumbosacral spine is being remanded.

The Veteran's claims for increased evaluation of hypertension, service connection for bilateral hearing loss, hiatal hernia, and cervical spine disability were denied. The Board found that the evidence did not support an increase in evaluation or service connection for any of these conditions.

The Board has determined that the Veteran's unauthorized medical expenses incurred at Central Florida Regional Hospital on February 11, 2006 were reimbursable due to an emergent medical condition and because VA facilities were not feasibly available.

The Veteran's claims for increased disability ratings for his service-connected lumbar and cervical spine disabilities are being remanded due to the need for additional development of medical records.

The Veteran's claims for service connection are being remanded due to the loss of his service records and the need to search for additional evidence.

The Veteran's claims for a compensable rating for her low back disability, service connection for her right arm disorder (claimed as tendonitis), and service connection for her allergies are all denied. The Board found no current evidence of a chronic right arm disorder or allergic reactions that can be attributed to active duty service.

The Board has determined that additional development is necessary prior to the adjudication of the Veteran's claims for service connection for a cervical/lumbar spine disability and hemorrhoids.

The Board finds that there is no credible evidence associating the Veteran's current low back or neck disorders with his military service. Therefore, the claims for service connection are denied.

The Board denied the reopening of the Veteran's claim for service connection for L5-S1 disc herniation, claimed as a lower back disability due to lack of new and material evidence.

The Board has denied the Veteran's claims for service connection for various knee, ankle, and back conditions as secondary to his service-connected left knee disorder. The Veteran's depression claim was also denied.

The Veteran's appeal is being remanded for additional development, including obtaining medical records and scheduling examinations to address the claims of service connection for residuals of a right rotator cuff tear, cervical spine degenerative disc disease, thoracolumbar spine degenerative disc disease, and radiculopathy.

The Board finds that the Veteran's current chronic low back disabilities, diagnosed as degenerative disc disease of the lumbosacral spine and lumbar degenerative spondylosis (arthritis), are causally related to his active service.

The Veteran's service-connected lumbar spine disability and left foot disability are currently rated at the minimum level, with no evidence of additional functional impairment due to pain or other factors. The claims for increased ratings have been denied.

The Board has reopened the Veteran's claim for service connection for degenerative disk disease of the lumbar spine, but finds that the preponderance of evidence is against his claim as there is no credible evidence linking his current condition to his military service.

The Veteran's service-connected PTSD and chronic low back pain prevent him from obtaining and maintaining gainful employment, meeting the criteria for a total disability rating based on individual unemployability.

The Veteran's claims for increased disability evaluation and service connection were denied. The C6 fracture residuals are currently evaluated at 30 percent, which is the maximum schedular rating available under the old criteria. Service connection for a chronic lumbar spine disorder was also denied as there is no evidence of such condition during active service or within one year post-service.