Back / lumbar spine decisions — 2009

The Veteran's diabetes mellitus was not shown to be related to service, and the presumption of service connection for herbicide exposure does not apply.,Chronic headaches were not shown to have been present during service or are otherwise related to service. The Veteran has no current diagnosis of chronic headaches.,Lumbosacral disorder, including degenerative disc disease (DDD) and arthritis, was not shown to be related to service. The Veteran's low back pain started during service but the condition did not manifest within one year post-service.

The Veteran's service-connected disabilities (lumbar degenerative disc disease, depression, left hip bursitis, and radiculopathy of the lower extremities) preclude her from obtaining and retaining all forms of substantially gainful employment consistent with her education and work experience.

The Board denied service connection for pes planus, coronary artery disease, hypertension, gout, degenerative joint disease of the lumbar spine, and degenerative joint disease of both knees. The Veteran's claims were not reopened due to lack of new and material evidence.

The Board found that the Veteran's current back disorder did not manifest during his military service and has not existed since his discharge. Therefore, the claim for service connection was denied.

The Board has determined that the Veteran does not meet the criteria for service connection for depression/anxiety, GERD, or a low back disability.

The Board has denied the Veteran's claims for service connection for tinnitus and hearing loss, finding that there is no evidence of a nexus between these conditions and his military service.

The Board has determined that the Veteran's chronic thoracolumbar degenerative disc disease is not related to active service, and thus denied his claim for service connection.

The Veteran's thoracic and lumbar spine strain with lumbar spondylosis was granted a 40 percent evaluation effective January 9, 2007.

The Board has ordered additional development to obtain VA treatment records and to provide the Veteran with appropriate VA examinations for his cervical spine, low back, and acquired psychiatric disabilities. The case will be remanded for further review after these actions are completed.

The Veteran's claimed bilateral knee and back disabilities were not shown to be related to service. The Board found no evidence of chronicity or continuity of symptomatology after service.

The Veteran's appeal is being remanded for additional development, including obtaining VA medical records and scheduling the Veteran for appropriate examinations to assess his cervical spine, thoracic/lumbar spine, and bilateral inguinal hernia conditions.

Since June 1, 2005, the Veteran's hypertension has been controlled with medication and does not meet the criteria for a higher rating.,From June 1, 2005 to October 4, 2007, his lumbar spine degenerative disc disease was manifested by pain on motion with forward flexion of at least 70 degrees. No additional neurologic disability manifestations or incapacitating episodes were shown during this period.,Since October 5, 2007, the Veteran's lumbar spine degenerative disc disease has been characterized by chronic pain resulting in limitation of forward flexion to 60 degrees. There is no evidence of ankylosis, additional neurologic disability manifestations, or incapacitating episodes requiring bed rest.

The Veteran's appeal is being remanded to obtain additional medical records and for a VA examination to assess the severity of his service-connected PTSD and lumbosacral strain.

The Board denied reopening the claim for service connection for a back disability due to lack of new and material evidence.

The Veteran's left lower extremity radiculopathy is rated at 20 percent, while the right lower extremity radiculopathy remains at 10 percent.

The Board has remanded the case for additional development, including verification of a reported incident during service and an examination to determine if the Veteran's current back disability is related to his military service.

The Board found that the Veteran does not have a current diagnosis of a low back disability and there is no evidence to support service connection for this condition. The right knee disability was evaluated as 10% disabling, but the Veteran's claim for an evaluation in excess of 10% was denied.

The Board has determined that the Veteran's current back problems, including degenerative disc disease, scoliosis, and stenosis of the lumbar spine, were incurred in service.

The Board dismissed the motion for revision of its September 25, 2007 decision based on clear and unmistakable error (CUE) due to a remand by the Court.

The Board has remanded the case for further development and readjudication of your claim due to new evidence submitted after the February 2009 Certification of Appeal.