Back / lumbar spine decisions — 2009

The Board has determined that the Veteran's residuals of a left inguinal hernia status post repair are likely due to an injury during his period of active duty for training (ADT) in USMCR, and service connection is granted.

The Veteran is seeking higher initial evaluations for her service-connected left knee patellofemoral pain syndrome and lumbar strain. The case is being remanded to obtain missing private treatment records, VA medical records, and an updated VA examination.

The Veteran's claim for an increased disability rating for degenerative disc disease of the low back was denied. The initial 10% rating from September 2005 to November 2008 is upheld, and a subsequent 20% rating after November 2008 is also denied.

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

The Veteran's claims for service connection for chronic back, bilateral leg, and bilateral foot disorders were denied as there is no competent medical evidence of current diagnoses or a link to service.

The Veteran's current back disorder was not incurred in or aggravated by his military service, and the Board found that there is no link between his service and his condition.

The Veteran's low back disorder is manifested by moderate limitation of motion, but does not meet the criteria for a higher rating under any applicable diagnostic code.

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

The Board has reopened the Veteran's previously denied claim for service connection for a back disorder due to new and material evidence. The Board found that there is current medical evidence suggesting a link between the Veteran's current back disorder and his military service, but also noted probative evidence against such a link.

The Veteran's lumbosacral strain has been manifested by subjective complaints of pain on motion and loss of motion, but these symptoms are attributed to a nonservice-connected low back disorder. Therefore, the criteria for a compensable rating have not been met.

The Board has reopened the Veteran's claims for right knee and low back disabilities, which are now pending. The appeal is mixed as some issues have been granted while others were denied or not addressed.

The Board has reopened the Veteran's claim for service connection for bilateral accessory naviculars of the feet and granted service connection based on aggravation during military service. The issue of service connection for a low back disability was withdrawn by the Veteran prior to the issuance of a decision.

The Veteran's appeal is being remanded due to the need for additional development, including obtaining SSA decision and supporting documents, conducting an examination regarding current back and foot disabilities, and issuing a supplemental statement of the case on nonservice-connected pension benefits.

The Veteran's service-connected impingement syndrome and internal derangement of the left shoulder with mild AC joint degenerative changes are currently rated at 20 percent, which is the maximum schedular rating available. The low back disorder was not shown in service or for many years thereafter and is not related to service.

The Board has denied the Veteran's claims for service connection for a lower back disorder and a chronic headache disorder, finding that there is no competent evidence linking these conditions to his military service or his service-connected hepatitis C.

The Board has determined that the Veteran's prostate cancer, diabetes mellitus Type 2, and back disorder were not incurred in or aggravated by service and may not be presumed to have been incurred in service, including as a result of exposure to mustard gas or Lewisite.

The Board denied the Veteran's claims for increased ratings for his lumbar and cervical spine disabilities, finding that the evidence did not support a higher rating under any applicable diagnostic codes.

The Board has granted a 40 percent disability rating for the Veteran's service-connected lumbar spine disability, effective January 20, 2003. The claimant is not seeking an earlier effective date.

The Board has remanded the case due to incomplete service treatment records and requests for additional information from various sources.

The Veteran's claims for increased ratings were denied. The Board found that the evidence did not support a higher rating for his left shoulder disability, as there was no limitation of motion to 25 degrees from the side.