Back / lumbar spine decisions — 2009

The Board denied the appellant's claims for service connection for PTSD, an acquired psychiatric disorder other than PTSD (including bipolar disorder), antisocial personality disorder, a back disability, and headaches. The Board found that there was no evidence of in-service stressors or a link between any current disabilities and active service.

The Veteran's claim for service connection for a low back disorder is being remanded due to the need for a VA examination and further development of his claims file.

The Veteran's initial disability ratings for his thoracolumbar sprain and patellofemoral syndrome of the right and left knees were denied. The Veteran was granted a higher rating of 10 percent for patellofemoral syndrome of the right knee, effective November 23, 2004.

The Board denied the Veteran's claims for service connection for a low back condition and bilateral shoulder condition, finding no evidence of an in-service injury or disease that would support a grant of service connection.

The Veteran's claim for service connection for degenerative disc disease, L4-L5 is being remanded due to the need for additional development and consideration of his case.

The Veteran's claim for service connection for a cervical spine disorder has been reopened and is granted. The Veteran also received an increased rating for his impotence, claimed as secondary to his service-connected lumbar spine disorder, and was granted a TDIU rating.

The Veteran's claims for increased evaluations for patellar tendonitis of the knees and a low back strain have been denied as his conditions do not warrant an evaluation in excess of 10 percent.

The Veteran's low back disability has been rated at 40 percent disabling, but the Board found that a higher rating is not warranted based on the evidence of record.

The Board has determined that new and material evidence was submitted to reopen the claim, but it did not provide sufficient evidence to establish service connection for a back disorder.

The Veteran's appeal is being remanded for additional development of his claims, including obtaining medical records and scheduling an examination to evaluate his dental and mouth conditions.

The Board has granted a 10 percent rating for cervical spine arthritis, effective from the date of the July 2007 rating decision. The right hip disability and lumbar spine disability claims are remanded.

The Veteran is entitled to payment or reimbursement for unauthorized medical expenses incurred at a private hospital due to emergency treatment received on May 29, 2006. VA facilities were not feasibly available and the condition was considered an emergency.

The Board found that the Veteran's back disability existed before service and was not aggravated by service, thus denying his claim for service connection.

The Veteran's service-connected right knee, left knee, and low back disabilities are being reviewed to determine if they prevent him from securing and following substantially gainful employment.

The Board has determined that the Veteran's left knee and back disabilities did not develop as a result of service, and therefore denied his claims for service connection.

The Board denied the Veteran's claims for service connection for residuals of a muscle injury of the right leg and a low back condition as secondary to a muscle injury of the right leg, finding that there was no evidence of a current disability related to service.

The Board denied the Veteran's claims for increased ratings for hypertension and degenerative disc disease of L5-S1, finding that the evidence did not warrant a higher rating under the applicable VA rating criteria.

The Board has determined that the Veteran's current low back disability is not related to service and therefore, service connection for this condition cannot be granted.

The Veteran's service-connected low back disability, characterized by pain, severe limitation of motion, degenerative disc disease, and spondylolisthesis, does not meet the criteria for a rating in excess of 40 percent.

The Board denied service connection for hypertension and a higher evaluation for lumbosacral strain. The Veteran's hypertension did not have onset during active service or within one year of separation, and there is no evidence linking it to his service. For the lumbosacral strain, the Board found that the disability does not meet criteria for an increased rating as forward flexion was at least 40 degrees.