Back / lumbar spine decisions — 2009

The appeal is remanded for additional development to address whether the Veteran's degenerative disc disease of the cervical spine was caused or aggravated by his service-connected right knee disability.

The Board denied the veteran's claims for increased ratings and service connection, finding no evidence of a more severe disability or causation by exposure to herbicides.

The Veteran's claims for increased ratings and service connection were denied as the evidence did not support a higher rating or establish service connection.

The Veteran's claims for service connection for jaw and bilateral arm disorders, as well as the attempts to reopen claims for headaches, ear disorder, left knee and leg disorder, right knee and leg disorder were denied. The ratings for major depressive disorder and low back disability were also not increased.

The Veteran withdrew all nine issues on appeal, and the Board has no jurisdiction to review the denial of these claims.

The Board denied service connection for greater trochanteric bursitis, chronic obstructive pulmonary disease with sleep apnea and an increased rating for bilateral pes cavus. However, the Board granted service connection for a back disability secondary to the service-connected bilateral pes cavus.

The appeal is remanded for additional development, including a VA examination to determine the nature and etiology of the Veteran's claimed thoracolumbar spine disability and headaches.

The Board denied an initial rating higher than 10 percent for degenerative joint disease and degenerative disc disease of the cervical spine, and denied an initial compensable rating before July 18, 2006, and an initial rating higher than 10 percent from July 18, 2006, for degenerative joint disease and degenerative disc disease of the lumbar spine.

The Board denied the Veteran's claims for service connection for a seizure disorder, back disability (degenerative joint disease), and disability of the legs as not being new and material evidence. However, it reopened the claim for a back disability but denied the claims for a disability of the legs and a disability of the feet.

The Board denied a rating higher than 10 percent for hypertension and degenerative arthritis of the lumbar spine.

The Board denied service connection for right knee, left knee, and back disabilities as they were not attributable to service or a service-connected disability.

The Veteran was granted a higher 40 percent rating for his low back disability, based on the results of range-of-motion testing by a private physician.

The appeal is remanded for further development, including obtaining an addendum to the May 2007 examination and ensuring that the Veteran has been provided notice consistent with the requirements of 38 U.S.C.A. § 5103(a) and 38 C.F.R. § 3.159(b).

The Board denied service connection for frostbite of the legs, frostbite of the left hand, degenerative joint disease of the hands (claimed as arthritis secondary to frostbite), back disorder, right carpal tunnel syndrome (claimed as arms condition secondary to frostbite), diffuse calcification, peripheral vascular disease, of the left radial and ulnar arteries (claimed as arms condition and circulatory problems secondary to frostbite), peripheral vascular disease of the legs (claimed as circulatory problems secondary to frostbite), and calcaneal spurs, degenerative joint disease, of the feet (claimed as secondary to frostbite).

The Veteran's claims for service connection for right and left knee disorders were denied, while an initial evaluation of 10 percent was granted for lumbar strain.

The Veteran's service-connected right knee impairment of tibia is rated at 20 percent, and the Board found that a higher rating was not warranted.

The veteran's claim for an increased rating for a low back disability was remanded to provide the veteran with proper notice and obtain additional evidence.

The Board found that new and material evidence had been submitted to reopen the claim for service connection for arthritis, but denied service connection on the merits. The low back injury was also not related to military service.

The Board denied the Veteran's claims for service connection for a low back disability, left knee disability, bilateral hearing loss, tinnitus, myopia, and post-traumatic stress disorder (PTSD).

The Board concluded that the preponderance of the evidence is against the claim for service connection for a low back disorder.