Back / lumbar spine decisions — 2009

The Board has determined that a VA examination is needed to determine the nature and etiology of the Veteran's claimed disabilities, specifically whether his left femur fracture was aggravated by service and if his low back disability is related to service or his service-connected residual malunion of the pelvis.

The Veteran's degenerative disc disease of the thoracolumbar spine is not manifested by incapacitating episodes or unfavorable ankylosis, and her service-connected conditions render her unable to secure or follow a substantially gainful occupation. The claim for increased evaluation was granted with a rating of 40 percent, while the TDIU claim was also granted.

The Veteran's cervical spine, left shoulder, gout of the feet, and gout of the right knee disabilities were not found to be related to his service.

The Board has determined that new and material evidence has not been received to reopen the Veteran's claims for service connection for degenerative disc disease of the cervical spine and thoracolumbar spine. The preponderance of the medical evidence is against a finding that these disabilities were incurred in or related to service.

The Board has denied the Veteran's claim for an earlier effective date for service connection of degenerative disc disease with central stenosis of the cervical spine, finding that the earliest date of entitlement is October 25, 2004.

The Board has decided to remand the case for further development, including a VA examination and opinion regarding the etiology of the Veteran's low back disability. The Veteran is seeking service connection for his current back disorder.

The Veteran's claims for service connection and initial disability evaluations have been denied. The Board found no new and material evidence to reopen the claim for lumbosacral strain, and determined that his neck, liver condition, gouty arthritis, and hypertension were not incurred or aggravated in service.

The Board found no evidence to support the Veteran's claim that his current low back disability is related to service, including any injury or disease incurred in service.

The Board has determined that the evidence supports reducing the evaluation for lumbosacral strain from 40 percent to 20 percent, effective March 1, 2007. The Veteran's service-connected bowel disorder is not supported by competent medical evidence and thus denied.

The Veteran's appeal is being remanded for additional development, including obtaining VA treatment records and scheduling a new VA examination to assess the severity of his low back disability and any associated neurological issues in the right leg.

The Veteran's cervical spine disability was granted an increased rating to 20 percent, but his claim for service connection of a bilateral shoulder disability secondary to the cervical spine disability was denied.

The Board found that the appellant's discharge from his second period of service was not dishonorable and thus did not constitute a bar to VA benefits. The claims for PTSD, depression, and back disability were denied as there is no credible evidence supporting these conditions.

The Board is remanding the case for additional development, including providing VCAA notice and scheduling a VA examination to assess the severity of the veteran's left fifth metacarpal disability. The claim will be considered again after all necessary actions have been taken.

The Board finds that the Veteran's low back disorder is due to disease or injury incurred in service, and grants service connection for a lumbar spine disorder.

The Board finds that the Veteran's currently diagnosed osteoarthritis and degenerative disc disease of the cervical spine are related to his period of active service, granting service connection for these conditions.

The Board has granted the Veteran's claim for an effective date of July 23, 2001, for the award of nonservice-connected pension benefits. The claims for service connection for a back disorder and dental trauma are still pending.

The Veteran's lumbar spine disability is currently rated at 20 percent, effective December 23, 2002. The Board has determined that the evidence does not support a higher rating under either the old or new criteria for lumbosacral strain.

The Board found that the Veteran's current low back disability did not originate in service or for many years thereafter and is not otherwise etiologically related to service.

The Board denied the Veteran's request to reopen his previously denied claim for service connection for a low back condition, finding that no new and material evidence had been presented.

The Board has determined that the Veteran's claimed disabilities of the right shoulder, low back, and knees were not incurred or aggravated by service. The evidence does not show a nexus between any current disability and service.