Back / lumbar spine decisions — 2009

The Board has granted service connection for PTSD with an effective date of August 24, 1995. The Veteran's earlier effective date claim is denied as the July 1995 denial became final due to a prior final decision.

The Board found that the Veteran's July 10, 1964 fall from a ship's gangway was incurred in the line of duty and granted service connection for any back disability as being related to this incident.

The Board has remanded the case for further examination and readjudication due to a previous denial of secondary service connection for a back disorder.

The Veteran's claim for service connection for a disability of the thoracic spine was denied. The Board found no current, objectively identifiable disability of the thoracic spine and concluded that his complaints of pain in this area were related to his service-connected lumbar strain. For his service-connected chronic lumbar strain with degenerative changes and thoracic pain, the Veteran's claim for a higher initial rating was also denied as there is no evidence showing that his current disability picture is so exceptional or unusual as to render impractical the application of the regular schedular standards.

The Board has remanded the case for further development to determine if the Appellant qualifies as a 'Veteran' for periods of service in the Kentucky Army National Guard from 1983 and 1984, which would allow him to seek VA compensation benefits for any residual disability involving his lumbar and cervical spine disorders related to those periods.

The Board found no evidence of a back disorder during service and concluded that the Veteran's current back disorder is not related to his military service. The claim for scoliosis was also denied as there was no pre-existing condition noted at entry into service.

The Veteran's neck disorder is being remanded for further examination to determine if it is related to service.

The Veteran's current spinal and radiculopathy disabilities are determined to be related to his surgeries at VA medical facilities, warranting compensation under 38 U.S.C.A. § 1151.

The Board has denied the Veteran's claim of service connection for a low back disability, finding that there is no medical evidence linking his current condition to his military service.

The Board denied reopening the claim for service connection for a low back disorder due to lack of new and material evidence, as the Veteran's previous statements denying treatment during service are considered inherently false.

The Veteran's claims for increased ratings were denied. The Board found that the evidence did not meet the criteria for higher disability ratings under applicable diagnostic codes.

The Veteran's claims for service connection and increased rating are being remanded due to the need for additional medical records from his incarceration facility.

The Veteran's appeal is being remanded due to the need for a personal hearing before a Veterans Law Judge at the RO in Houston, Texas.

The Veteran's pes planus, back disorder, major depression, hearing loss, and tinnitus were not found to be service-connected.

The Board denied the Veteran's claims for service connection for a bilateral foot disability and a back disability, as well as his claim for an increased rating for PTSD. The decision did not address the issue of entitlement to a TDIU.

The Board has determined that the appellant's service-connected left knee degenerative arthritis aggravated his current low back disorder, and thus grants service connection for a low back disorder.

The Veteran's claim for service connection for a low back disability was denied, and his request for an initial compensable evaluation for left knee disability remains pending.

The Veteran's stress fractures of the legs and hypercalciuria have been rated as noncompensably disabling, with a 10 percent evaluation for each leg fracture.

The Board has granted a 20 percent evaluation for degenerative disc disease of the lumbar spine with chronic low back pain, but denied a separate evaluation for neurological deficits related to service-connected low back disability.

The Board found that the Veteran's lumbar spine and left knee disorders are not service-connected as they did not develop during or as a result of his military service. The right shoulder disorder was also denied.