Back / lumbar spine decisions — 2009

The Board finds that the Veteran's chronic low back pain, as likely as not, is due to a strain-type injury during service and grants service connection for this condition.

The Board found no evidence of a current right shoulder or lumbar spine disorder that is related to service. The Veteran's disorders are presumed to have existed prior to service.

The Veteran's claims for increased ratings and an earlier effective date were denied. The November 1997 rating decision was not found to be clearly and unmistakably erroneous.

The Board has determined that the Veteran does not have current diagnoses of low back pain, right knee disorder, or bilateral ankle pain. Therefore, service connection for these conditions is denied.

The Board denied the Veteran's claims for increased disability ratings for his left and right knee disabilities, as well as service connection for secondary conditions related to these knees. The Veteran's service-connected disabilities do not preclude him from engaging in substantially gainful employment.

The Veteran's degenerative joint and disc disease with spinal stenosis of the lumbar spine is not productive of incapacitating episodes having a total duration of at least 4 weeks during the past 12 months, nor does it result in limitation of thoracolumbar forward flexion to 30 degrees or less. As such, his disability remains rated at 20 percent.

The Veteran's appeal is being remanded for additional development of his claims, including obtaining relevant medical records and conducting further examinations to assess the severity of his service-connected disabilities.

The Veteran's claims for service connection for bilateral hip and low back disabilities are being remanded due to the need for additional development, including VA examinations.

The Veteran's claims for increased ratings were denied as the evidence did not show that his service-connected conditions warranted a higher rating.

The Board has determined that the Veteran does not have a lumbar spine or left leg disability related to his military service and therefore denied both claims.

The Board has determined that new and material evidence has been received to reopen the Veteran's claim of entitlement to service connection for lumbar strain, now styled as lumbar strain. However, the evidence does not establish a current diagnosis or link between the Veteran's claimed conditions and his period of active service.

The Veteran's appeal is being remanded for additional development, including obtaining VA examination reports and VCAA-compliant notice.

The Board finds that the Veteran does not have a current diagnosis of Meniere's disease and thus, service connection for this condition is denied.

The Board has remanded the case for additional development, including notifying the Veteran of his right to submit alternate sources of evidence in support of his previously denied claim for service connection for a low back disorder and claims for service connection for a renal disorder (originally claimed as chronic nephritis) and vagotomy.

The Board has remanded the case for additional development and medical inquiry to determine if the Veteran's lower back disorder is related to his service-connected knee disorders.

The Veteran does not have a diagnosed thoracolumbar spine, right shoulder, right elbow, bilateral ankle, or right knee disability that was incurred in service. The Veteran's hearing loss is also not considered to be related to service.

The Veteran's combined disability rating is not at least 70% due to his service-connected disabilities, and the VA examiner found that he was employable in a sedentary position despite his service-connected conditions. Therefore, TDIU is denied.

The Veteran's claims for service connection and increased ratings were denied. The Board found that the claimed conditions were not shown during service, or linked to service-connected disabilities.

The Board has dismissed the appeal due to the appellant's withdrawal of the appeal.

The Board has determined that the Veteran's service-connected PTSD contributed to his death, and thus grants service connection for cause of death.