Back / lumbar spine decisions — 2009

The veteran withdrew his appeal before the Board promulgated a decision.

The Veteran's claims for increased ratings for his left forearm and low back disabilities were denied as the evidence did not support higher ratings.

The Board remands the veteran's claims to reopen for service connection for a low back disorder and pulmonary disorder due to insufficient notice provided by the RO.

The Board found that a preponderance of the competent medical and other evidence supports a conclusion that the Veteran's lumbar spine DJD condition is unrelated to his active duty service.

The Board remands the claims for further development, including obtaining additional medical evidence and scheduling a VA examination.

The appeal is remanded to the RO for further development and adjudication of the Veteran's claims.

The Board denied service connection for type II diabetes mellitus, cervical muscle spasms, and a neck injury as there was no evidence of an in-service event, injury, or disease that could be linked to the current disabilities.

The claim for service connection for bilateral hearing loss was reopened, but the appeal is remanded to schedule a VA examination.

The Veteran's claim for an increased evaluation for bilateral pes cavus was denied, and the claim to reopen service connection for a back disorder as secondary to the pes cavus was also denied.

The Veteran's claims for increased ratings for degenerative disc disease of the lumbosacral spine and residuals of a retinal detachment of the left eye, to include residuals of laser surgery, were denied as the evidence did not support higher ratings.

The Veteran's lumbar spine disability was rated at 10 percent prior to March 1, 2007, and increased to 20 percent effective that date. The evidence did not support a higher rating for either period.

The Board denied the Veteran's claim for service connection for a substance abuse disorder as it was determined that the disability resulted from willful misconduct and not due to his military service.

The Board denied the Veteran's claims for service connection for a back disability, right knee disability, left knee disability, hypertension, and coronary artery disease as there was no evidence of these conditions being incurred in or aggravated by active military service.

The Board found that the preponderance of the evidence is against the claim for service connection for a low back disorder, as there was no diagnosed chronic condition and the in-service injury resolved without any chronic residuals.

The Veteran's claims for service connection for various disorders, including a left arm disorder, right arm disorder, left shoulder disorder, right shoulder disorder, neck disorder, back disorder, an acquired psychiatric disorder other than PTSD, hearing loss, and a gastrointestinal disorder were denied as there was no evidence of a current disability related to his military service.

The Board found that the evidence submitted since the March 1996 rating decision was not new and material, as it did not establish a reasonable possibility of substantiating the claim for service connection for a back disorder.

The case is remanded for additional VA examination and development to assess the current severity of the veteran's lumbosacral strain, particularly during flare-ups.

The Board denied the claim for service connection for PTSD, and denied higher initial ratings for bilateral pes planus, low back disability with degenerative disc disease and scoliosis, left wrist sprain, and left knee strain.

The Board remands the claims for service connection for a right shoulder injury, a right hip and groin disability, and a back disorder to the RO for further development.

The Veteran's claim for a total disability rating based on individual unemployability due to service-connected disabilities was denied because he failed, without good cause, to report for a VA compensation examination needed to decide his appeal.