Back / lumbar spine decisions — 2009

The Board has determined that the Veteran's low back disorder was not incurred in or aggravated by active service and therefore denied his claim for service connection.

The Veteran's appeal is remanded for additional development, including obtaining medical records and scheduling a VA spine examination.

The Board has remanded the case for additional development, including obtaining medical records and arranging for examinations to determine the nature and severity of the Veteran's psychiatric disorder and lumbosacral spine disability.

The Veteran's claim for special monthly pension based on the need for regular aid and attendance or housebound status was denied as he does not meet the criteria for either benefit.

The Veteran's appeal is being remanded due to the need for additional development, including obtaining updated VA records and scheduling a medical examination. The TDIU issue will be reconsidered after addressing the newly raised claim of service connection for acquired psychiatric disability.

The Board found no evidence to support the Veteran's claim that his current low back strain and degenerative changes are related to an in-service injury, thus denying service connection.

The Board denied the Veteran's claims for service connection for a low back disorder and right knee disorder, finding no new and material evidence to reopen the low back claim. The right knee claim was remanded but not addressed in this decision.

The Veteran's claims for compensation under 38 U.S.C.A. § 1151 were denied as the evidence did not show that his gastrointestinal ulcers, low back pain, degenerative disc disease, arthritis, scoliosis, and numbness of the right leg were caused by VA carelessness, negligence, or error in judgment.

The VA denied the Veteran's claim for service connection of his low back disorder, finding that there was no evidence linking it to active service.

The Board has granted service connection for bilateral carpal tunnel syndrome, hypertension, and a lumbar spine disability. The Veteran's bilateral carpal tunnel syndrome is linked to his military occupational duties as an operating room specialist. His hypertension was noted in service with elevated blood pressure readings. His lumbar spine disability is also linked to service. For the initial rating period prior to September 26, 2003, a higher initial evaluation for cervical spine disability than 10 percent has been denied.

The Veteran's claims for increased evaluation of low back strain, service connection for neck disability and headaches were denied. The claim to reopen the hydrocephalus issue was also denied.

The Veteran's service-connected chronic low back syndrome is productive of limitation of range of motion; without objective findings of unfavorable ankylosis of the thoracolumbar spine; with no objective evidence of incapacitating episodes of at least 6 weeks during the past 12 months; and the probative evidence attributes the majority of the Veteran's lumbar and thoracic spine symptomatology to nonservice-connected disabilities. The criteria for entitlement to a disability rating in excess of 40 percent for chronic low back syndrome have not been met.

The Veteran's claim for special monthly pension based on the need for aid and attendance of another person or by reason of being housebound is remanded due to unclear information about his current level of disability and outstanding VA treatment records.

The Veteran's cervical spine disability with radiculopathy of the upper extremities is not service-connected. The low back disability was evaluated at various levels, but the reduction in evaluation from 40% to 10% effective June 1, 2008, was upheld.

The VA denied the Veteran's claim for an increased evaluation for his service-connected mechanical low back pain, finding that the current range of motion does not warrant a rating in excess of 20 percent.

The Board has denied the Veteran's claims of entitlement to service connection for bilateral hearing loss, tinnitus, hypertension, residuals of a fracture of the left leg, and various knee disabilities. The Board found that there was no evidence linking these conditions to his active service.

The Veteran's claims for increased ratings and service connection were denied. His lumbar spine condition was rated at 10 percent, his knee conditions were not compensable, his shoulder bursitis did not meet criteria for a higher rating, his wrist fracture had no compensable disability rating, his foot hallux valgus conditions were not compensable, and he did not receive service connection for a left hip condition.

The Veteran's appeal has been dismissed as he requested withdrawal of the claims.

The Board has determined that new and material evidence has not been submitted to reopen the Veteran's claim for service connection for congenital pars defect, L5-S1, with low back pain, grade I spondylosis of the lumbar spine. The RO denied this claim in January 2004 due to a lack of evidence showing that the condition was caused by or aggravated by military service. For the other two issues, the Board has not made a determination on whether new and material evidence has been submitted.

The Veteran's appeal is being remanded for additional development, including a new VA examination to assess the current severity of his cervical spine disability and any related neurological manifestations.