Back / lumbar spine decisions — 2009

The Board has determined that new and material evidence has been submitted to reopen the Veteran's claim for service connection for a lumbar spine disorder. The August 2005 private medical opinion supports the Veteran's contention that his current lumbar spine disorder is related to his service-connected right ankle disability.

The Veteran's lumbar spine disability, which includes scoliosis and forward flexion of the thoracolumbar spine to 90 degrees with pain noted from 60 to 90 degrees, meets the criteria for a 20 percent rating.

The Board denied the Veteran's claim for service connection for a chronic acquired low back disorder, finding that new and material evidence had not been submitted to reopen his prior claim.

The Veteran's DVT of the right lower extremity is currently rated at 10 percent, and this decision grants a 20 percent rating effective from the date of the claim.

The Board has determined that the appellant does not have a service-connected disability, and therefore cannot establish secondary service connection for his left knee disorder or low back disorder. As such, these claims are denied.

The Board has granted service connection for a low back disorder, finding that the Veteran's current condition is related to her active duty service.,Service connection was denied for headaches (migraine), as there was no clear and unmistakable evidence to rebut the presumption of soundness at entry into service.

The Board has reopened the Veteran's claims for bilateral knee disability and sinus disorder, but remanded the case due to additional development being needed prior to final decision on the underlying merits of the claim.

The Veteran's claim for service connection for chronic bilateral hearing loss disability was denied. The VA granted service connection for lumbosacral spine disability and assigned a noncompensable evaluation, which was later increased to 10 percent effective October 16, 2006.

The Board has dismissed the appeal due to the appellant's death, and no decision was made on the merits of the claims.

The Board has reopened the Veteran's claim for service connection for rheumatism and back disability, but denied the underlying claim as there is no evidence of a current diagnosis or relationship to active service.

The Veteran's appeal is being remanded for a Board hearing at the RO.

The Board has determined that new and material evidence has been received to reopen the claim of entitlement to service connection for back disability. The Veteran should be afforded a VA examination to determine the etiology of his current back disability.

The Veteran's service-connected cervical and lumbar spine disabilities, along with radiculopathy of the right upper extremity, left lower extremity, and right lower extremity, have been granted separate evaluations. The Veteran is also granted a TDIU based on his service-connected disabilities.

The Board denied the Veteran's claims for increased ratings for her lumbosacral strain and stress fracture residuals, bilateral toes. The evidence did not meet the criteria for a rating in excess of 10 percent for the service-connected low back disorder or for a compensable rating for the service-connected toe fractures.

The Veteran's thoracolumbar spine disability was rated at 20% prior to August 11, 2008. Since then, the evidence supports a 40% rating for his thoracolumbar spine disability.

The Board has remanded the case for a VA examination and opinion to clarify the etiology of the Veteran's low back disability, as her current condition is not clearly related to active duty service or her service-connected right foot disability.

The Board denied the Veteran's claims for service connection for a skin disorder and lumbosacral spine disorder, finding that new evidence did not relate to an unestablished fact necessary to substantiate the claim. The Board also found no medical nexus between the current diagnoses and active duty service.

The Board has granted service connection for low back disability (spondylolysis and spondylolisthesis) incurred during active service, with the left shoulder disorder being considered as aggravated by this pre-existing condition. The Veteran's claims are now fully resolved.

The Veteran's lumbar spine dysfunction was initially rated at 10 percent before December 6, 2008 and increased to 40 percent from that date. The appeal is granted.

The Board denied the claim on appeal, finding that there is no medical evidence showing a link between the Veteran's current low back disorder and his military service.