Back / lumbar spine decisions — 2009

The Board dismissed the motion for clear and unmistakable error (CUE) in the October 2007 decision that denied an effective date prior to October 21, 2003, for a 20 percent evaluation for degenerative disc disease of the lumbar spine. The moving party failed to adequately set forth the alleged CUE and why the result would have been different.

The Veteran's claims for service connection for a back disorder and bronchial asthma are being remanded due to the need for additional development, including obtaining relevant medical records and notifying the Veteran of what evidence is necessary to reopen her claim.

The Board has determined that the Veteran's current cervical spine degenerative disc disease and lumbosacral strain are not related to service, as there is no evidence of a relationship between these conditions and any in-service injury. The post-service injuries have been considered.

The Board denied the appeal, concluding that a chronic low back disability was not present in service or within one year afterward. The current postoperative lumbar degenerative disc disease and degenerative joint disease are not etiologically related to service or any event in service, nor is it proximately due to his service-connected pelvic fracture residuals.

The Board denied service connection for degenerative arthritis of the lumbar spine and did not address the Veteran's claim for a disability rating in excess of 10 percent for residuals of gunshot wound to the right side of chest with hemothorax and retained foreign body. The case is remanded for further development.

The Board has granted service connection for a low back disorder, status post L4-L5 laminotomy and diskectomy with fixation of L4-L5, as secondary to residuals of compression fractures of thoracic and lumbar vertebrae. The claim for an initial rating in excess of 20 percent for the service-connected low back disorder is addressed in the REMAND portion of this decision.

The Veteran's low back disability was granted a 20% evaluation effective April 23, 2003. The right thumb disability was granted a 10% evaluation effective May 20, 2004.

The Board has granted a disability rating of 60 percent for the Veteran's service-connected degenerative disc disease of the lumbar spine, and has also granted TDIU.

The Board has determined that the Veteran's lumbar and cervical spine disorders were not incurred in or aggravated by active military service, nor may they be presumed to have been so incurred. Therefore, service connection for these conditions is denied.

The Board has remanded the case for additional development due to incomplete records and an addendum to the VA examination.

The Board has granted service connection for post-traumatic stress disorder (PTSD), which in substance and effect constituted a grant of the benefit sought, of service connection for anxiety and depression.

The Board denied the Veteran's claims for service connection for depression, a low back condition, a left hip condition, a right hip condition, and a right knee condition, finding no current diagnoses of these conditions and insufficient evidence linking them to service or service-connected disabilities.

The Board finds that the Veteran's low back disorder is not due to VA fault or an event not reasonably foreseeable, and therefore compensation under 38 U.S.C.A. § 1151 for this condition is denied.

The Board has determined that the Veteran's claimed low back and knee disorders were not incurred or aggravated by service, and therefore denied his claims.

The Board found no evidence to support a direct connection between the Veteran's service and his current low back disorder, nor did it find that his service-connected left knee disability aggravated his pre-existing condition. The examiner concluded that the 1993 injury was more likely the proximate cause of his lumbar disc herniation.

The Board denied service connection for a back disability and PTSD. The Veteran's back disability was not found to be related to his military service, including an in-service injury falling down a ladder. His PTSD was also not established as it could not be corroborated due to lack of credible evidence supporting the occurrence of the alleged stressors.

The Veteran's chronic low back strain is manifested by muscle spasms and loss of lateral spine motion in standing position, with severe lumbosacral strain, but without ankylosis or severe limitation of motion. The Board has determined that the criteria for a 20 percent rating have been met.

The Board denied the reopening of claims for bilateral hip disorder and back disorder, finding no new and material evidence to support these claims. The right leg disability claim was also denied.

The Board has determined that the Veteran's low back and bilateral ankle disabilities are related to service, meeting the criteria for direct service connection.

The Board has determined that the Veteran's low back disability is related to his service, and thus grants service connection for this condition. The right hip disability claim was not addressed as it does not appear to be a direct result of service.