Back / lumbar spine decisions — 2009

The Veteran's claims for service connection for post-traumatic stress disorder, back disability, major depressive disorder, lipoma of the neck and shoulder, and respiratory disorder (emphysema and chronic obstructive pulmonary disorder) have been denied as there is no verified in-service stressor, no current diagnosis or link to service, and no evidence of exposure to Agent Orange.

The Veteran's claims for service connection for psychiatric disability, including PTSD, and low back pain are denied. The claim to reopen a previously denied low back pain claim is granted. The right knee disability rating remains at 10 percent.

The Veteran's appeal for increased ratings on several service-connected conditions was dismissed due to his withdrawal of the claim for a higher rating for right knee strain.

The Veteran's service connection claims for a psychoneurotic disability and a lumbar spine disability are both granted.

The Veteran's appeal has been withdrawn by her representative, and thus the case is dismissed.

The Veteran's low back disability is currently evaluated at 20 percent, and the Board finds that a higher evaluation is not warranted based on the evidence of record.

The Veteran's appeal is being remanded for additional development, including VA examinations and medical records review.

The Veteran's lumbar strain is currently rated at 40 percent, the maximum under the revised criteria for evaluating spine disabilities. The condition results in severe limitation of motion and muscle spasm.

The Board found no evidence of a chronic low back disorder during service and concluded that the current disability is not related to service. The claim for hearing loss and tinnitus was remanded.

The Veteran's claims for increased evaluations were denied. The Board found that the evidence did not meet the criteria for an evaluation in excess of the current disability ratings.

The Board found no evidence of a causal link between the Veteran's current low back disability and any incident during service, and denied his claim for service connection.

The Veteran's claims for service connection and higher initial ratings were denied. The low back disability was not rated higher than 40 percent since February 1, 2008. The bilateral shoulder disorder may not be related to military service.

The Board has determined that the Veteran's low back disability is not caused by or aggravated by his service-connected residuals of a right knee injury.

The Veteran's appeal is remanded due to the need for a new VA examination, as his condition may have worsened since the last evaluation. The Veteran also needs to provide records from his physical therapy and any other relevant medical records.

The Veteran's claims for increased ratings for hypertension, left acromioclavicular joint separation, and lumbosacral disc syndrome were denied. The evidence did not meet the criteria for a higher rating under the applicable diagnostic codes.

The Board denied service connection for CTS of the right upper extremity and did not reopen the claim for low back disorder due to lack of new and material evidence.

The Veteran's claim for an increased rating of his service-connected low back pain with degenerative joint disease is pending. The claims for reopening the hearing loss and tinnitus service connection are also pending.

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

The Board has granted service connection for a back disability, determined to be the result of active service.

The Veteran's appeal is denied as there are no legal provisions for retroactive reimbursement of costs incurred by enrolling in a masters program not approved by the IWRP under the provisions of Chapter 31.