Back / lumbar spine decisions — 2009

The Board has vacated its May 20, 2009 decision denying service connection for a low back disorder and remanded the case for additional development.

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

The Board found no evidence of any service-connected disabilities for the Veteran's claimed back, chest, neck, and headache conditions. The claims were denied as there was insufficient medical evidence to support a finding that these conditions were related to service.

The Board has remanded the case for additional development, including obtaining private medical records and scheduling a VA examination to determine the nature and etiology of any current back disability or hypertension.

The Board has determined that the Veteran's claimed conditions are not related to his active military service and have denied all of his claims.

The Veteran's low back disability is rated at 40 percent, the highest available rating under the General Rating Formula for Diseases and Injuries of the Spine. The other claims are not addressed in this decision.

The Veteran's claims for increased ratings and service connection are being remanded due to the need for additional examinations and development of records.

The Board has decided to remand the Veteran's claims for additional development due to missing correspondence and incomplete medical records. The Veteran will be scheduled for VA examinations to determine if his current cervical spine, lumbar spine, and flat feet disabilities are related to service.

The Veteran's claims for service connection are being remanded due to the need for further development and clarification of medical opinions.

The Veteran's current cervical spine disability is not shown to have been present in service or for many years thereafter, nor is it the result of any incident or incidents of his period of active military service. Therefore, service connection for this condition is denied.

The Board denied the Veteran's claim for an increased rating for his service-connected residuals of a fractured lumbar spine with traumatic arthritis and found that he did not meet the criteria for a higher evaluation under the applicable diagnostic codes. The issue of service connection for a left eye disability was referred to the RO.

The Veteran's appeal is remanded due to the need for additional medical records and a review of his SSA decision.

The Board denied the Veteran's claims for increased ratings for his migraines and lumbar spine disability, finding that the evidence did not meet the criteria for a higher rating under the applicable VA rating schedule.

The Board has determined that additional development is needed to determine the Veteran's service connection claims, including verification of his duty status during the alleged in-service injuries and obtaining VA treatment records.

The Veteran's service-connected lumbosacral adhesive arachnoiditis has been rated at 10 percent since July 23, 2004. The RO increased the rating to 20 percent effective February 26, 2009.

The Board has reopened the Veteran's claims for service connection for shin splints and chronic low back disorder, finding new and material evidence. The claim of service connection for a neck disorder was granted in August 2009.

The Board finds that the Veteran's lumbar spine disorder is related to service and is proximately due to or permanently aggravated by his service-connected foot conditions, warranting service connection.

The Board previously denied the Veteran's claim of service connection for a low back disability, but the Court has now remanded the case to the Board for further proceedings. The Veteran is seeking to reopen his claim based on new evidence.

The Veteran's claims for increased ratings for his service-connected lumbar spine disability were denied. The RO assigned a 10 percent rating for chronic low back pain prior to September 25, 2001 and a 20 percent rating from September 25, 2001 to December 19, 2005.

The Board found that the Veteran's neck and back disorder with arthritis was not incurred in or aggravated by service, as there is no evidence of a nexus between his current disabilities and his military service. The claim for service connection was denied.