Back / lumbar spine decisions — 2009

The Board determined that the Veteran's sudden cardiac death was not due to any disability incurred in service, manifested during the first post-service year, or related to service.

The Board found that there was no clear and unmistakable error in the May 1973 rating decision which denied service connection for a low back disability.

The Board denied service connection for left hip avascular necrosis and intervertebral disc syndrome, finding no evidence that the conditions were incurred in or aggravated by active duty.

The appeal was denied as the Veteran did not provide new and material evidence to reopen his claim for service connection for right knee osteoarthritis, and there is no evidence that the Veteran's right knee or lumbosacral spine arthritis are related to his service-connected left knee disability.

The appeal is remanded to the RO for further development and adjudication of the issues.

The Board remands the issue of service connection for a back condition and the initial evaluation for PTSD to obtain additional evidence.

The Board found that the Veteran's current cervical spine disorder, diagnosed as cervical spondylosis and disc disease, is not related to his in-service back injury. Therefore, service connection for a back disorder with neck, right arm, and chest problems was denied.

The Board denied service connection for a low back disorder, a bowel disorder (irritable bowel syndrome), and an initially compensable evaluation for hemorrhoids.

The Board denied service connection for degenerative arthritis of the low back as it was not shown to be causally or etiologically related to service.

The Veteran's substantive appeal to the January 2001 rating decision was not timely filed, and the Board lacks jurisdiction to consider these issues. The criteria for an effective date earlier than May 29, 2007, for the assignment of a 20 percent evaluation for the Veteran's service-connected jaw disorder have not been met.

The Veteran's perineural cysts of the lumbar spine were incurred in service, or otherwise aggravated by the service-connected disability.

The Veteran's right ankle disability has resulted in marked limitation of motion, warranting a 20 percent rating. New and material evidence was not received to reopen the claim for service connection for a low back disorder.

The Veteran's PTSD is manifested by sleep impairment with nightmares of Vietnam, intrusive thoughts, avoidant behavior, emotional detachment and numbing, erratic behavior, restricted range of affect, irritability, anger, psychogenic amnesia, moderate social impairment and some occupational impairment; the Veteran's GAF score ranged from 55 to 65.

The Veteran withdrew his appeals for a higher evaluation for arthritis of the left knee and service connection for rheumatoid arthritis and crushed leg muscles.

The Board has reopened the claim for service connection for mild degenerative changes, bilateral hips and granted service connection for tinnitus. The issue of entitlement to service connection for degenerative disc disease of the cervical spine is remanded.

The Veteran's lumbar spinal stenosis with degenerative disc disease and right lower extremity radiculopathy were found to result in moderate impairment, not warranting a rating higher than 20 percent.

The appeal is remanded to the Board of Veterans' Appeals for scheduling a videoconference hearing.

The Board denied service connection for gastroesophageal reflux disease as it was not etiologically related to the Veteran's active service.

The Veteran was granted an initial 10 percent rating for chronic left knee strain, and separate 10 percent ratings were assigned for cervical and lumbar spine osteoarthritis. The claims for increased ratings for tinnitus, bilateral hearing loss, and the remaining spinal conditions were denied.

The Veteran's previously denied claims of service connection for a low back disability and residuals of hepatitis B were reopened, but the Board found that new and material evidence was not sufficient to grant either claim on the merits.