Back / lumbar spine decisions — 2009

The Veteran's service connection claims for back disability, bilateral leg disability (peripheral neuropathy), bilateral knee disability, bilateral foot disability, and bilateral hearing loss disability are all denied as the evidence does not support a finding that any of these conditions were incurred or aggravated by service.

The Veteran's claim for an initial disability rating in excess of 10 percent for lumbosacral strain, claimed as back pain, is being remanded due to the need for a VA examination and additional medical records.

The Board found no evidence to support the Veteran's claim that his current back disability is related to service, and denied the claim.

The Veteran's low back disorder and left ankle degenerative joint disease were not incurred in or aggravated by service. The fatty tumor on the back of his head was diagnosed after separation from service, but is presumed to have been caused by natural aging.,The Veteran's fatty tumor on the back of his head was initially diagnosed in 2005 and is presumed to be related to natural aging.

The Board denied service connection for anxiety disorder, a right shoulder disability, a left shoulder disability, and a low back disability. The claim of reopening the previously denied anxiety disorder was also denied.

The Veteran's claims for service connection on appeal are being remanded due to the need to obtain additional STRs and VA records, as well as SSA disability determination records.

The Board denied the Veteran's claims for reopening his service connection claim for a back disability and for increased ratings for left knee instability and degenerative joint disease, finding that new and material evidence had not been received to reopen the claims.

The Veteran's appeal for a higher rating of his below-the-knee amputation and service connection for low back disorder was denied. The Board found that the Veteran's below-the-knee amputation is improved by a prosthesis controlled by natural knee action, warranting only a 40 percent disability rating.

The Veteran's claims for service connection for hypertension, low back disability, right and left lower extremity disabilities were denied. The Board finds that further development is needed to determine the validity of these claims.

The Board has determined that the Veteran's claimed conditions, including hearing loss, tinnitus, a chronic right shoulder disorder, degenerative arthritis of the lumbar spine (claimed as a back condition), and PTSD or depression, are not service-connected. The evidence does not support a finding of in-service injury or disease related to these conditions.

The Board denied the Veteran's claims for higher initial ratings for his low back disability, service connection for bilateral eye disorder, and left foot disorder. The evidence did not meet the criteria for a compensable rating or any higher rating under the applicable VA rating schedule.

The Veteran's claims for increased evaluations of his low back disability, left ankle disability, healed fibula fracture, and scar have been denied as the evidence does not meet the criteria for a higher evaluation under applicable rating codes.

The Board has remanded the case for additional development due to missing evidence and a request for a statement from Dr. D.

The Board denied the Veteran's claims for higher initial ratings for his lumbar spine disability, TDIU prior to February 22, 2005, and SMC based on need for aid and attendance or housebound status.

The Veteran's service-connected muscular strain of the low back is currently rated at 20 percent, and his residuals of a right hip injury are also rated at 30 percent. The Board has granted these ratings.

The Veteran's claims for increased ratings for his lower back and left knee disabilities were denied. The Board found that the evidence did not meet the criteria for a higher rating under any applicable diagnostic codes.

The Board denied service connection for a low back disorder in November 1962. The Veteran's claim was reopened, but new and material evidence submitted since that time does not relate to an unestablished fact necessary to substantiate the claim.

The Board found that the Veteran's current back disability is not related to his military service, and thus denied his claim for service connection.

The Board denied the Veteran's claim for service connection for a low back disorder, finding no medical evidence linking his current condition to his military service.

The Veteran's appeal is being remanded due to the need for a video conference hearing.