Back / lumbar spine decisions — 2009

The Veteran's claim for service connection of a back disorder is being remanded due to the need for additional VA medical records.

The Board denied the Veteran's claims of service connection for bilateral knee disability, low back disability, and bilateral hearing loss due to lack of new and material evidence.

The Board denied service connection for the cause of the Veteran's death, finding that his service-connected disabilities did not cause or contribute to his death and that any relationship between his causes of death and his service was speculative.

The Board has remanded the case to obtain additional medical records and conduct an appropriate examination. The Veteran's claim for service connection for low back and left shoulder disabilities will be reconsidered based on the new evidence.

The Veteran's appeal has been withdrawn, and the Board does not have jurisdiction to consider the claim.

The Board denied an increased rating for the Veteran's lumbosacral strain with degenerative joint disease and degenerative disc disease, finding that his current evaluation of 20 percent is appropriate based on the evidence. The hearing loss claim was also denied.

The Board has determined that the Veteran's current low back disability did not begin during service and is not related to any incident of service. As a result, the claim for service connection for a low back disability is denied.

The Veteran's claim for service connection for a low back disorder was denied. For the period from February 17, 1998 to December 29, 2002, his right knee disability (traumatic synovitis with incoordination secondary to pain) received a 30% disability rating. His claim for an increased rating of his right total knee replacement was denied as of February 1, 2004.

The Board has determined that the Veteran's currently diagnosed back disability is not related to his service, and thus denied his claim for service connection.

The Veteran's claim for an initial disability rating in excess of 20 percent for service-connected degenerative disc disease, L4-L5, with right lumbar radiculopathy prior to June 9, 2004 was denied. The claim for a higher rating since June 9, 2004 was granted and the current rating is 40 percent.

The Board is remanding the case due to insufficient notice under the Veterans Claims Assistance Act of 2000 (VCAA) and inadequate information for reopening service connection claims.

The Board has determined that the Veteran's back condition was not incurred in or aggravated by service and is not secondary to his service-connected left ankle sprain.

The Board has reopened the Veteran's previously denied claim of service connection for a low back disability due to new and material evidence. The Board also found that the Veteran's current low back disability is related to his in-service injury, thus granting service connection.

The Board denied the Veteran's claims for service connection for a low back disability and for a compensable rating for bilateral hearing loss, finding that there was no evidence linking his current conditions to his military service.

The Board found that new and material evidence had been submitted to reopen the claim, but denied service connection for a low back disorder as secondary to the service-connected left hip disability.

The Board denied the Veteran's claim for service connection for a low back disorder, finding that there was no evidence of current disability related to service and concluding that service connection is not warranted on a direct basis.

The Veteran's appeal is being remanded for additional development, including obtaining VA treatment records and scheduling an orthopedic examination to determine the current severity of his service-connected degenerative joint disease of the lumbar spine with T9-10 spondylosis.

The Board found that the Veteran was not entitled to an effective date prior to March 15, 2006 for a 20% evaluation for his lumbar spine strain with X-ray evidence of mild DDD and DJD.

The Veteran's appeal is being remanded for further development of his medical records from his primary care provider, Dr. N.C.

The Board denied an increased rating for the Veteran's right ankle disability and denied service connection for a back disability secondary to his right ankle disability. The evidence did not support granting either claim.