Back / lumbar spine decisions — 2009

The Veteran's claim for an initial compensable rating and a higher rating than 10 percent for lumbosacral strain on and after February 29, 2008 is being remanded due to inadequate reasons and bases in the previous decision.

The Veteran does not have a current diagnosis of hemorrhoids or a back disability that is related to service. The Board finds the claim for service connection denied.

The Board has determined that the Veteran is not entitled to service connection for his low back disability, as there is no medical opinion linking it to service. The claim of entitlement to service connection for a rash of the groin was also denied.

The Board denied the appellant's claims for service connection for peripheral neuropathy of the lower extremities and a lower back disability, finding that these conditions were not present in service or until many years thereafter, and they are not related to service or to an incident of service origin or to a service-connected disorder.

The Board found that the Veteran's low back disorder was not incurred in or aggravated by his military service, and is not secondary to his service-connected right knee disorder.

The Veteran's appeal is being remanded for additional development, including obtaining updated VA medical records and scheduling VA examinations to determine the nature and etiology of his low back disability, left epididymitis, and bilateral hernia disabilities.

The Board has determined that the Veteran's current low back degenerative changes are at least as likely as not due to an injury sustained during his service, and thus grants service connection for this condition.

The Board found that the Veteran's claimed disabilities are not related to his service and denied all claims.

The Board has remanded the case for further development to determine if the Veteran's current low back disability is related to his service.

The Board has vacated its previous decision and found that the Veteran's lumbar and thoracic spine disorder was not incurred in or aggravated by service, nor is it proximately due to a service-connected disability. The claim will be remanded for further development.

The Board has reopened the claims of service connection for low back and cervical spine disorders, but denied them on the merits. The right shoulder and wrist conditions were not reopened as there was no new and material evidence presented.

The Veteran's service-connected lumbosacral strain and myositis are currently rated at 20 percent, which is the maximum schedular rating available under Diagnostic Code 5237. The Veteran's diabetes mellitus is also rated at 20 percent. Both conditions do not meet the criteria for a higher disability rating based on the evidence of record.

The Board found that the Veteran's back condition is not related to his service and denied both claims for service connection and TDIU.

The Veteran's stress disorder, diagnosed as adjustment disorder with depressed mood, associated with chronic lumbosacral spine pain and mild degenerative osteophytosis is currently rated at 30 percent. The appeal for an increased rating was denied.

The Veteran does not have lumbosacral degenerative disc and facet disease that is the result of a disease or injury incurred in service. The Board finds no evidence to support a finding that the Veteran's current condition is related to his military service.

The Board has determined that new and material evidence has been submitted to reopen the claim of service connection for a low back condition. By extending the benefit of doubt, the Veteran's current low back disability is found to be due to disease or injury incurred in service.

The Board has determined that the Veteran's service connection claim for a disability of the thoracolumbar spine with radiculopathy is granted as it was incurred in active service.

The Board has reopened the claim of service connection for a low back disability due to new and material evidence. The Veteran's laceration scar of the right hand is rated at 10 percent.

The Veteran's claims for peripheral neuropathy of the left leg, arm, and erectile dysfunction have been withdrawn. The claim for service connection for a low back disability is being remanded to the RO.

The Veteran's unauthorized medical expenses for treatment received from Family Medicine of Carthage, PC and Northern Radiology Associates on January 15-17, 2006 are granted as the services were provided in an emergency room setting due to a non-service-connected condition that was not associated with or aggravating his service-connected disability.