Back / lumbar spine decisions — 2009

The Veteran's lower back disability was increased to a 40 percent rating effective June 9, 2008. The residuals of bilateral herniorrhaphy were also rated at 10 percent.

The Board has granted the Veteran's claim for service connection for degenerative disc disease and degenerative joint disease, lumbar spine with a history of disc herniation, status post L5-S1 diskectomy, secondary to her service-connected disability of the knees.

The Board finds that the Veteran's low back condition is related to his military service and grants service connection for a low back disorder.

The Veteran's appeal is being remanded for further development, including a VA examination and medical opinion regarding his claimed disabilities. The case will be readjudicated after the additional development.

The Veteran's claims for increased ratings for lumbosacral strain and radiculopathy of the left lower extremity were denied. The Board found that the evidence did not meet the criteria for a disability rating in excess of 10 percent for lumbosacral strain prior to March 1, 2007 or from March 1, 2007 through November 2, 2008, and denied his claim for increased ratings. The Veteran's radiculopathy was rated at a 10 percent disability rating effective as of June 1, 2009.

The Veteran's appeal is being remanded for additional development, including obtaining updated VA medical records and scheduling appropriate VA examinations to clarify the nature and etiology of his claimed right knee disability, peptic ulcers, and low back disability.

The Board has remanded the case due to the need for additional development, including obtaining SSA records and ensuring all necessary evidence is obtained.

The Board has remanded the case for additional development, including a new VA examination to determine if the Veteran's lumbar spine disorder is caused or worsened by his service-connected right thigh gunshot wound residuals.

The Board denied service connection for degenerative disc disease, L4-5, with spinal stenosis as secondary to a service-connected post-operative pilonidal cyst. The Veteran's claim for TDIU was also denied.

The Board denied all service connection claims for diabetes mellitus, a back disability, allergies, hepatitis, hemorrhoids, and epilepsy. The evidence did not support the Veteran's assertions of in-service or post-service connections.

Service connection was not granted for any of the claimed conditions. A 20 percent evaluation was assigned for left shoulder impingement from July 25, 2008 forward.

The Veteran's claim for an increased rating for his lumbar spine disability is being remanded due to the submission of new evidence and the need for a neurological examination.

The Board denied the Veteran's claims for service connection for low back pain and shin splints, as well as his request for an increased evaluation for his left shoulder dislocation. The evidence did not support a finding of current disabilities related to these conditions.

The Board denied the Veteran's claims for service connection for internal derangement, bilateral knees and a back disorder. The evidence submitted since the last denial does not raise a reasonable possibility of substantiating these claims.

The Board has remanded the case due to issues with notice and a need for additional development, including clarification of whether the Veteran desires a videoconference hearing.

The Veteran's appeal is being remanded for additional development, including obtaining service treatment records and providing the Veteran with new VA examinations to address his claims.

The Board has reopened the Veteran's claim of entitlement to service connection for a low back disorder due to new and material evidence. However, the Board has also determined that there is no competent medical evidence linking the current low back disorder to military service.

The Board has determined that the appellant's lumbar spine disability was not incurred in or aggravated by active service.

The Board has remanded the case due to issues related to pes planus, neck injury, and low back injury. The appellant's claims for service connection are being reviewed, as is his attempt to reopen a previous claim of service connection for residuals of low back pain.

The appellant's claim for an increased evaluation for his service-connected degenerative arthritis of the lumbosacral spine is being remanded due to the need for a comprehensive VA examination and compliance with Vazquez-Flores v. Peake, 22 Vet. App. 37 (2008).