Back / lumbar spine decisions — 2009

The Board found that the Veteran's death was not caused by a service-connected disability and did not meet the criteria for Dependency and Indemnity Compensation under 38 U.S.C.A. § 1310 or 1318.

The Veteran's claim for a disability rating greater than 60 percent for his low back disability was denied as the evidence did not show that he had unfavorable ankylosis of the entire spine.

The Veteran's service-connected degenerative disc disease, lumbar spine was granted a rating of 40 percent, effective July 14, 2004.

The Board denied the Veteran's claims for initial ratings in excess of 20 percent for degenerative disc disease of the lumbosacral spine, in excess of 10 percent for degenerative disc disease of the cervical spine and impingement syndrome of the left shoulder, but granted a 40 percent rating for the same period for the lumbar spine condition.

The veteran's claim for an increased evaluation and TDIU was remanded to afford him a VA examination.

The Board remands the case for an additional VA examination to reassess the severity of the Veteran's lumbar spine disability.

The Board found that new and material evidence was not submitted to reopen the claim for service connection for a chronic low back disability.

The Board denied service connection for a neck disorder and found that the lumbar spine disability did not meet the criteria for an increased initial disability rating.

The Veteran's lumbosacral strain is manifested by forward flexion of the thoracolumbar spine that is greater than 30 degrees but not greater than 60 degrees, and an increased evaluation to 20 percent was granted.

The Board denied service connection for a low back disability, finding no evidence of a chronic condition during or as a result of the Veteran's active military service.

The Veteran's claims for an initial rating in excess of 10 percent for degenerative disc disease of the cervical spine, and service connection for bilateral hallux valgus, a bilateral shoulder disability, and thoracic spine and lumbar spine disability are being remanded for further development.

The Board denied the Veteran's claims for service connection for diabetes mellitus, a chronic low back disability (muscle spasms), and a bilateral foot disorder as new and material evidence was not submitted to reopen the previously-denied claims.

The Board denied the Veteran's claims for service connection for a left elbow disability, right shoulder disability, degenerative disc disease of the cervical spine, and bilateral carpal tunnel syndrome as there was no evidence to support that these conditions were incurred in or aggravated by his military service.

The Board found that the preponderance of the evidence is against the Veteran's claim for service connection for a low back disorder.

The Board found that the preponderance of the evidence is against service connection for low back disability, as there was no evidence of a spinal injury in service and no medical evidence to support a causal relationship between his low back disability and his period of active service.

The Board has reopened the claim for service connection for a right knee disability and denied increased ratings for cellulitis of both feet, left leg varicose veins, and other conditions.

The Board remands the case for a new VA examination to determine the current degree of severity of the Veteran's condition.

The veteran's claims to reopen service connection for a low back disorder and bilateral hearing loss disability were denied due to the need for additional development, including VCAA notice consistent with Kent v. Nicholson.

The Board denied service connection for a low back disability as the evidence did not show that the condition was incurred in or aggravated by active service.

The Board denied service connection for left knee disorder, right knee disorder, left ankle disorder, and low back pain as the evidence did not support a finding that these conditions were incurred or aggravated during active military service.