Back / lumbar spine decisions — 2009

The Board has determined that the Veteran's lumbar spine, T5 compression fracture, cervical spine disability, and headaches disorder are not related to service or any service-connected disabilities. The claims for these conditions have been denied.

The Board denied the Veteran's claim of service connection for a low back disability, finding no evidence of chronic residuals from an in-service injury and noting that post-service medical records did not link his current condition to service.

The Board has determined that a new VA examination is necessary to address the Veteran's claims for service connection due to conflicting information and evidence.

The Board found no evidence that the Veteran's low back disability was incurred in or aggravated by his active service, or that any arthritis of the low back manifested to a compensable degree within one year following his separation from service. The Board also found no competent medical opinion linking the current low back disability to service-connected right knee and thigh disability.

The Veteran's low back disability is rated at 40 percent, effective December 20, 2002. The associated radiculopathy of the lower extremities is rated at 20 percent each, effective October 31, 2006.

The Board has remanded the case for additional development, including a VA spine examination to determine if the veteran's current back disability is related to an in-service injury. The claim will be readjudicated after this development.

The Veteran's claims for service connection for osteoarthritis of the lumbar spine and degenerative joint disease of the right knee have been denied as there is no evidence of arthritis or chronic residuals of influenza in service, and any current conditions are not otherwise etiologically related to such service.

The Board has reopened the Veteran's claims for service connection for PTSD and low back disability, finding new and material evidence. Service connection is established for PTSD but not for low back disability.

The Board denied an earlier effective date for the award of service connection for degenerative joint disease of the thoracic and lumbar spine, finding that no basis existed to grant such a request.

The Veteran's service connection claims for degenerative disc disease of the lumbar spine and prostatitis are granted, with a compensable evaluation assigned for his right ankle disability.

The Veteran's claims for service connection and increased evaluations were denied. The issues of service connection for PTSD, scars of the groin as residuals of fungal infection, myositis, degenerative arthritis and spinal stenosis of the lumbar spine, appendectomy scar, and diabetes mellitus with complications are addressed in the Remand portion.

The Board finds that the Veteran's lumbar spine disability existed prior to service and was not aggravated by military service. The claim for service connection for depression is granted as it is determined to be a direct result of service.

The Veteran's claims for service connection for a right hand disorder, neck disorder, and low back disorder were denied. The Board found no evidence of current disabilities or chronic conditions during service.

The Veteran's appeal for increased evaluations for his knee and back conditions was denied. The right knee disorder is currently rated at 30 percent, the left knee disorder at 40 percent, and the low back disorder at 20 percent.

The Veteran's claims for increased evaluations and service connection have been denied. The initial evaluation for bilateral pes planus with plantar fasciitis remains at 10 percent, while the lumbar strain with intervertebral disc syndrome is rated at 30 percent as of April 8, 2008. Service connection has not been established for prolactin-secreting pituitary tumor, sleep apnea, or residuals of breast reduction and right thumb sprain.

The Board has reopened the appellant's claim of entitlement to service connection for a lumbar spine disorder. The right ankle disorder claim is remanded due to the need for additional medical opinions and examinations.

The Board has decided that the veteran's claim of entitlement to service connection for a back condition requires further examination and review, as additional evidence is needed before a decision can be made.

The Veteran's service-connected disabilities do not preclude him from substantially gainful employment, consistent with his education and occupational experience.

The Board's August 9, 2007 decision denying service connection for a right ring finger disorder, neck condition, and back condition has been vacated due to procedural issues. The motion for reversal or revision based on CUE is dismissed.

The Board has remanded the case for additional development, including obtaining VA and SSA records, as well as a supplemental opinion regarding the relationship between the Veteran's current spine disabilities and service.