Back / lumbar spine decisions — 2009

The Board has denied the Veteran's petition to reopen his claim of service connection for a back disability as new and material evidence has not been received since the RO's April 1995 rating decision.

The Board found that the Veteran's lumbar and cervical spine degenerative joint disease was not incurred in or aggravated by active service, and may not be presumed to have been incurred therein. As such, the claim for service connection was denied.

The Veteran is granted a rating of 50 percent for psychoneurosis from November 7, 1996, and an increased rating to 70 percent effective from November 30, 2004. The claim for service connection for the back disorder is reopened due to new evidence related to the Veteran's service-connected condition.

The Board found that the Veteran's current low back disability is not related to his in-service MVA in July 1976 and denied service connection.

The Board found that the Veteran's current right leg and lumbar spine conditions are not related to his active duty service.

The Veteran's lumbosacral spine disability is currently rated at 20 percent, which corresponds to moderate limitation of motion. The claim for increased rating has been granted.

The Veteran's claims for increased ratings and service connection were denied. The Board found that the evidence did not meet the criteria for a compensable rating in most cases, except for left lower extremity paresthesia which met the criteria for a separate 10 percent evaluation.

The Veteran's service-connected disabilities render him unable to care for daily personal needs without regular assistance from others or to protect himself from the hazards and dangers of his daily environment, meeting the criteria for special monthly compensation based on aid and attendance.

The Board has determined that there is no evidence of a current disability related to the Veteran's service, and thus cannot grant service connection for either his spot on right lung or lumbar spine disorder.

The Veteran is seeking service connection for a low back disability, which he claims developed during his helicopter pilot duties in service. The Board finds that a VA examination is required to determine the etiology of any currently manifested low back disability.

The Board found no evidence of a low back injury during service and denied the Veteran's claims for degenerative disc disease of the lumbar spine and hepatitis C.

The Veteran's claims for service connection and compensation under 38 U.S.C.A. § 1151 were denied, while the claim to reopen his low back disorder was also denied.

The Veteran's lumbar spine disability is not manifested by forward flexion of the thoracolumbar spine with a combined range of motion less than or equal to 120 degrees, nor does it result in muscle spasm, guarding severe enough to result in an abnormal gait or spinal contour. Therefore, his claim for an initial rating in excess of 10 percent is denied.

The Veteran's service-connected disabilities require the regular aid and attendance of another person, as evidenced by his inability to walk or move his legs without a wheelchair. The Board has granted special monthly compensation based on need for aid and attendance.

The evidence does not support a finding that the Veteran developed a chronic low back disorder, including bilateral lower extremity radiculopathy, in or as a result of service. The Board finds against the claim for service connection.

The Veteran's appeal is remanded for a VA examination to determine the nature and extent of his service-connected low back strain, including any associated objective neurologic abnormalities. If such abnormalities are found, they should be rated separately under an appropriate Diagnostic Code.

The Board found no evidence of a service injury or disease related to the Veteran's current low back condition, and thus denied his claim for service connection.

The Veteran's lumbosacral spine disability is currently rated at 10 percent and the Board has determined that a 20 percent rating is warranted based on current symptoms.

The Board denied the Veteran's claim of service connection for a back disability (claimed as 'broken back') because new and material evidence was not received to relate his current condition to his service.