Back / lumbar spine decisions — 2009

The Board finds that the Veteran's service-connected PTSD likely contributed to his death by chronically worsening his heart disease, which was listed as the cause of death on his Certificate of Death.

The Board has determined that the Veteran's lower spine disorder is service connected due to aggravation during service, and his gout of the feet may be secondary to his lower spine disorder.

The Board denied service connection for a chronic low back disorder and PTSD due to the lack of evidence showing a nexus between the disorders and active duty service.

The Veteran's low back, knee, hip, and psychiatric conditions are being remanded for further examination and development. The claims for hepatitis C will also be remanded.

The Veteran's claim for a higher initial rating for his low back disability was granted, and he is now receiving the maximum available benefit. The claim for service connection for cluster headaches has been granted based on new evidence.

The Veteran's claims for service connection and compensation under 38 U.S.C.A. § 1151 are being remanded due to the need for additional development, including obtaining private treatment records and Social Security Administration records.

The Veteran's right ankle disability is rated as 20% disabling, but the Board finds no basis for a higher rating. The Veteran does not have service-connected lumbar degenerative disc disease, disc desiccation, and bulging disc due to his military service.

The Board denied an earlier effective date for the grant of a total disability rating based on individual unemployability (TDIU) due to service-connected disabilities, as the Veteran did not meet the minimum schedular requirements for TDIU prior to July 6, 2004.

The Veteran's claim for an increased rating for her service-connected lumbosacral spine disability is being remanded due to the need for additional development, including obtaining SSA and USPS records, as well as a new VA examination.

The Veteran's claims for service connection and increased evaluations were denied. The Board found that new and material evidence had not been received to reopen the right ear hearing loss claim, and that left ear hearing loss did not warrant a compensable evaluation. Service connection was also denied for bilateral foot disability, left shoulder disability, low back disability, neck disability, respiratory disability, neurological disability of lower extremities, sarcoma, bladder condition, enlarged prostate, diverticulitis, and psychiatric disorder due to herbicide exposure.

The Veteran's claims for increased ratings and service connection are being remanded due to the need for additional examinations and development of her medical records.

The Board has reopened the Veteran's claims for service connection for neck and low back disabilities, but denied reopening of his claim for right shoulder disability. The low back disability is granted based on direct evidence showing a current diagnosis.

The Veteran's claim for service connection for a low back disorder was denied as there is no evidence of a current diagnosis or in-service injury that could be linked to the condition.

The Veteran seeks service connection for a low back disorder, which he claims is related to an inpatient treatment at Lackland Air Force Base in Texas during basic training. The Board has ordered additional development including obtaining records from the VA Medical Center in Birmingham and any Social Security Administration and Worker's Compensation records.

The Veteran's claims for increased ratings were denied.,No specific effective date was provided.

The Board has determined that the Veteran's current back disability had its onset in active service and granted his claim for service connection.

The Veteran's appeal is being remanded for additional development, including obtaining SSA records and scheduling a VA examination to assess the severity of his left ankle disorder.

The Veteran's lumbosacral strain with degenerative joint disease and left lower extremity L5 nerve root change were both rated at 20 percent, effective from the date of his February 2003 claim. The Veteran is seeking a higher rating for these conditions.

The Board denied the Veteran's claims for service connection and increased ratings for his right and left knee disabilities, low back disability, hepatitis C, and multiple forehead scars. The Veteran is currently rated at 40% for his degenerative disc disease of the lumbar spine.

The Veteran's low back disability does not present an exceptional or unusual disability picture, and therefore the Board denied his claim for an increased rating on an extra-schedular basis.