Back / lumbar spine decisions — 2009

The Veteran's death was not due to service-connected causes, and the appellant is not entitled to DIC benefits under 38 U.S.C.A. § 1318.

The Board has granted service connection for PTSD and found that the veteran's symptoms meet the criteria for this diagnosis. The claim of service connection for malaria is reopened due to new evidence provided by Dr. J.A.M.

The Veteran's service-connected disabilities have rendered him unable to use his lower extremities effectively, requiring aid and attendance for daily activities. He is not bedridden or confined to his premises.

The Board has remanded the case to the RO for an appropriate hearing and further development, as the Veteran wishes a personal hearing before a Veterans Law Judge at the RO in St. Petersburg, Florida.

The Veteran's claim for service connection of PTSD is granted. The Board finds that the evidence supports a grant of the benefits sought, and thus does not preponderate against the Veteran's claim.

The Veteran's claim for an increased disability rating for his service-connected lumbar spine disability is being remanded due to the need for a VA examination and consideration of functional loss due to pain.

The Board found that the Veteran's current low back disorder was not incurred in or aggravated by service and could not be presumed to have been so incurred due to a lack of evidence showing chronicity. The claim for service connection was therefore denied.

The veteran's appeal has been withdrawn, and the case is dismissed as a result.

The Board has determined that the Veteran does not have current disabilities manifested by pelvic pain, low back pain, or bilateral knee pain. The claims for service connection are denied.

The Board denied service connection for a left arm disorder, finding no competent evidence linking the condition to service or service-connected low back disorder.

The Board has denied the Veteran's claims for service connection for a back disability, an initial compensable rating for his right wrist disability, and an initial rating greater than 10 percent for postoperative residuals of bilateral inguinal hernias. The Veteran failed to report for multiple VA examinations scheduled in connection with these claims.

The Veteran's appeal has been withdrawn, and the case is dismissed.

The Board denied the Veteran's claim for service connection for a low back disability, finding that there was no evidence of an in-service injury or disease and that any current low back disability is not related to military service.

The Board has determined that there is no competent medical evidence of a current thoracolumbar spine disorder or right knee disorder, and thus service connection for these conditions cannot be granted.

The Veteran's appeal has been withdrawn, and the case is dismissed.

The Veteran's lumbar spine disability is currently rated at 40 percent, and the Board finds that this rating adequately reflects his symptoms and impairment.

The Board has determined that the issues are more accurately characterized as stated on the cover page of this Remand. The Veteran's claims for service connection and increased rating have been remanded due to need for additional examinations.

The Veteran's claims for increased ratings and service connection were denied. The claim to reopen a cervical spine disability was granted, but the secondary service connection claims for GERD and migraines were denied.

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

The Veteran's claims for increased ratings and reopening a previously denied claim were all denied by the RO. The denial of the reopened claim was based on lack of new and material evidence.