Back / lumbar spine decisions — 2009

The Veteran's claim for service connection of gastritis was denied as there is no current diagnosis. The claims for service connection of hemorrhoids with chronic constipation and low back disability are pending due to the need for VA examinations.

The Veteran was granted service connection for chronic low back syndrome with degenerative disc disease and arthritis.,Service connection was denied for the Veteran's eye disability (diabetic retinopathy).

The Board has reopened the Veteran's claim for service connection for diverticulitis and granted it. The claim for service connection for a lumbar spine disorder remains denied.

The Board denied the Veteran's claims for a higher initial evaluation for myofascial strain of the thoracolumbar spine and service connection for prostate cancer. The claim for prostate cancer was denied due to lack of evidence linking the condition to service, including claimed exposure to hazardous chemical agents.

The Board has determined that the Veteran's claims for service connection for a back disability, right ankle disability, and headaches require additional development due to the need for medical examinations.

The Veteran's claim for increased ratings was denied. His left ear hearing loss is rated as noncompensably disabling, and his lumbar spine disability remains at a 20 percent rating.

The Board has remanded the case for additional development, including obtaining SSA records and any other necessary development. The Veteran's claim of entitlement to service connection for a low back condition with radiculopathy will be reconsidered based on the newly obtained evidence.

The Veteran's claims for increased ratings for lumbar spine disability and anxiety disorder were granted, with the lumbar spine disability receiving a 40 percent rating effective September 23, 2006. The anxiety disorder received a separate 10 percent rating from October 17, 2003 to December 8, 2006.

The Board has remanded the Veteran's claims for additional development due to a change in the hearing officer. The Veteran is scheduled for a videoconference hearing.

The Veteran's claims for increased ratings for diabetes mellitus, lumbar strain with degenerative disc disease and arthritis, status post cholecystectomy and reflux esophagitis, and pes planus were denied. The Board found that the evidence did not support a higher rating under any applicable diagnostic codes.

The Veteran's claim for an increased evaluation for residuals of a compression fracture of the lumbar spine is being remanded due to the need for additional evidentiary development, including a VA examination and consideration of extraschedular considerations.

The Veteran's claim for an increased rating for post-operative residuals of a stab wound of the neck was granted, with a current evaluation of 30 percent. The separate compensable ratings for muscle injury and left upper extremity disability were denied. The lumbosacral fasciitis rating remained at 10 percent.

The Board has determined that the Veteran's claimed disabilities are not related to his active service and have denied all claims for service connection.

The Board has determined that the Veteran's low back disability is not related to his service and therefore denied his claim for service connection.

The Board found that the Veteran's chronic right ankle sprain is not related to service and denied his claim for service connection.

The Board has remanded the claims for additional development due to incomplete verification of service and outstanding STRs.

The Board found no evidence linking the Veteran's current degenerative disc disease to his service, and denied his claim for service connection.

The Board has reopened the Veteran's claim for service connection for a low back disorder, including myositis of the dorsal spine and degenerative disc disease (DDD) of the lumbosacral spine. However, the Board denied this claim as there is no probative evidence linking the current low back disorder to service.

The Veteran's claims for service connection for atrial fibrillation/flutter and low back disorder are being remanded due to the failure to report for scheduled VA examinations. The case will be readjudicated after these examinations.

The Board found that arthritis of the lumbar spine was not incurred in or aggravated by service and is not etiologically related to service-connected osteoarthritis of the cervical spine and thoracic spine.