Back / lumbar spine decisions — 2009

The Veteran's service-connected chronic lumbosacral strain, with bulging disc L4-L5 and disc herniation L5-S1, prevents him from securing or following a substantially gainful occupation.

The Board has remanded the case for further development due to conflicting medical opinions regarding the Veteran's low back disability and its relation to service.

The Board found no evidence of a back injury during service and concluded that the Veteran's current low back disorder is not related to his military service.

The Veteran meets the schedular criteria for TDIU and it is likely that his service-connected disabilities prevent him from securing and following substantially gainful employment.

The Veteran's spondylolisthesis at L5-S1 with bilateral spondylosis of the lumbar spine is currently rated as 20 percent disabling, and a higher rating is not warranted. A separate 10 percent rating for sciatic nerve paralysis effective from July 7, 2008, is granted.

The Board found that the Veteran's low back disability was not incurred in or aggravated by military service and denied his claim.

The Board is remanding the case to allow for additional development and consideration of whether new and material evidence has been received to reopen a claim for service connection for a back condition.

The Veteran's low back disability was found to not warrant a rating higher than 10 percent prior to July 26, 2007 and 20 percent from that date forward.

The Board denied service connection for a lumbar spine disability and a foot disability, finding that the current disabilities did not manifest within one year of separation from service and were not related to in-service disease or injury.

The Veteran's initial ratings for cervical and lumbar spine DDD were denied as they did not meet the criteria under 38 C.F.R. � 4.71a (1999).

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

The Veteran's claims for service connection for residuals of shin splints, cervical spine disorder, and right ankle strain with instability and subchondral injury were denied. The claim for low back disability was also denied as the evidence did not meet the criteria for an initial rating in excess of 10 percent prior to February 22, 1999; a rating in excess of 20 percent from February 22, 1999, to January 28, 2003; or a rating in excess of 40 percent as of January 29, 2003. The claim for scar status post excision of pilonidal cyst was also denied.

The Veteran's lumbar spine disability, including back strain and degenerative joint disease of the lumbar spine, is attributable to his military service.

The Board found that the Veteran's lumbosacral spine disorder and right knee disorder were not incurred in or aggravated by service, and thus denied his claims for service connection.

The Board found no competent medical evidence linking the Veteran's current low back disorder to his period of active service, and thus denied his claim for service connection.

The Board denied the Veteran's claims for service connection for vision problems, and his claims for increased ratings for residuals of a gunshot wound of the right lower leg, degenerative joint disease of the lumbar spine, and pseudofolliculitis barbae.

The Veteran's claim for service connection for high cholesterol is denied because it does not constitute a disability under VA law. The claims of service connection for low back disorder and bilateral leg disorder are remanded as additional examinations are needed to determine the nature and etiology of these conditions.

The Veteran's claim for an increased rating for degenerative disc disease of the lumbar spine is being remanded due to the need for further development, including obtaining records of recent treatment and scheduling a VA examination.

The Board finds that the Veteran's current right shoulder, cervical spine, and lumbar spine disorders are not related to his military service.,There is no medical evidence showing a link between the Veteran's in-service injury and his current conditions.