Back / lumbar spine decisions — 2009

The Board found that the Veteran's current spine disorder did not develop as a result of any incident during service and is not related to his service-connected knee and hip conditions. Therefore, service connection for the lumbar and thoracic spine disorder was denied.

The Board has denied the Veteran's claims for service connection for a bilateral knee condition and a back condition, finding that there is no medical evidence of these conditions during his period of active service and concluding that any current disorders are more likely than not due to aging rather than military service.

The Board has decided to remand the case for additional development, including obtaining medical records and providing a new opinion on the etiology of the Veteran's back disability.

The Veteran's claims for increased evaluations for his service-connected lumbar spine disorder, right knee instability, and arthritis of the right knee were denied. The RO found that the current evidence did not support ratings in excess of 10 percent.

The Board found that the Veteran's lumbar spine disability and diabetes mellitus did not manifest within one year of service separation, were not related to service or a service-connected condition, and thus denied both claims.

The Board has determined that new and material evidence has been received to reopen the Veteran's claim for service connection of a cervical spine disability. The evidence supports a finding that the Veteran incurred such disability during his military service, including from combat injuries sustained in 1969.

The Board has remanded the case due to incomplete records and requests for additional information. The Veteran's Social Security Administration (SSA) and Texas Workers' Compensation records are needed, as well as any private medical records from St. Paul Medical Center in Dallas.

The Board finds that the appellant's current low back disability is causally related to injuries sustained during active service, and affords him the benefit of doubt in favor of his claim.

The Board has denied the Veteran's claims for service connection for allergic rhinitis and low back disability. The evidence does not establish a nexus between these conditions and active duty.

The Veteran's appeal to establish service connection for a low back disability is being remanded due to the need for additional development, including scheduling a hearing before a Veterans Law Judge.

The Veteran's service-connected lumbar strain is currently rated at 20 percent effective May 16, 2006. The rating reflects a disability picture that more nearly approximated forward flexion of the thoracolumbar spine greater than 30 degrees but not more than 60 degrees.

The Board has granted service connection for a low back disability and a left knee disability, finding that the appellant's current conditions are related to his military service.

The Board has reopened the claim of service connection for degenerative joint and disc disease of lumbosacral spine as secondary to service-connected disability of the right knee. The evidence submitted since May 2002 is new and material, raising a reasonable possibility of substantiating the claim.

The Veteran's claim for service connection for left leg weakness as secondary to his service-connected low back disability was denied. The Board found that the evidence did not establish a link between the Veteran's current condition and his service or service-connected conditions.

The Veteran's appeal is being remanded for further development, including additional examinations and the provision of outstanding medical records.

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

The Board has determined that a new examination is necessary to determine the etiology of the Veteran's current low back disorder and whether it is related to his active service. The appeal will be remanded for this purpose.

The Veteran's service-connected thoracolumbar strain was granted a disability rating of 20 percent effective April 19, 2007. The Veteran also received an initial compensable disability rating for degenerative changes of the bilateral first metatarsophalangeal joints.

The Veteran's service-connected disabilities do not preclude substantially gainful employment, and the Board finds that he is not entitled to a total disability rating based on individual unemployability.

The Veteran's irritable bowel syndrome has been rated at the maximum schedular rating since March 2, 2006. The left foot disability is currently rated as 10 percent disabling and does not warrant a higher rating.