Back / lumbar spine decisions — 2009

The Board denied service connection for a chronic low back disorder, left hip disorder to include arthritis, and left knee disorder to include arthritis as the evidence did not show that these conditions were incurred in or aggravated by active service.

The Board denied service connection for lumbar strain, chronic, with degenerative joint disease and knee disorder as the conditions were not shown to be related to the Veteran's active military service.

The appeal is being remanded to the RO for scheduling a hearing and addressing an unprocessed notice of disagreement regarding a higher rating for radiculopathy of the left lower extremity.

The Board denied service connection for a lumbar spine disorder, including arthritis; a digestive disorder, including peptic ulcer disease (PUD); a urinary disorder, including kidney stones; and chronic obstructive pulmonary disease (COPD), to include as due to in-service tobacco use and/or nicotine dependence.

The appeal is remanded to the RO for further development and action.

The Board denied increased ratings for lumbosacral strain and degenerative disc disease of the cervical spine, as well as an earlier effective date for the 40 percent evaluation for lumbosacral strain.

The Board denied service connection for cervical and lumbar spine disabilities as there was no evidence of a relationship between the veteran's current conditions and his military service.

The Board denied service connection for low back strain and arthritis of the cervical spine, finding that these conditions were not incurred or aggravated by active service.

The Veteran is in need of regular aid and attendance as of May 1, 2005.

The appeal is remanded to the RO for scheduling a Travel Board hearing as requested by the Veteran.

The Board denied service connection for spondylosis and left scoliosis of the lumbar spine due to an undiagnosed illness.

The Board remands the claim for additional development, including obtaining a medical opinion on whether the Veteran's degenerative disc disease was aggravated by his service-connected right knee and right ankle disabilities.

The Board found that the Veteran's degenerative disc disease of the cervical spine did not warrant a rating in excess of 30 percent for the period prior to January 1, 2009, and that the reduction from 30 percent to 10 percent was improper; however, a higher rating since January 1, 2009, is also not warranted.

The Veteran's service-connected bilateral pes planus has not been productive of symptoms that would warrant a rating in excess of 10 percent, and an increased evaluation for low back strain is remanded for further development.

The Board denied the Veteran's claims for service connection for chronic bronchitis, epididymitis, chronic disability manifested by allergies, bilateral knee disability, and a back disability as there was no competent medical evidence linking these conditions to his military service.

The veteran's lumbar and cervical spine disabilities were rated at 20 percent for the lumbar spine and an initial rating of 20 percent was granted for the cervical spine, effective June 5, 2008 and January 4, 2008 respectively.

The Veteran's service-connected disabilities, mainly his back disability, have caused the need for regular aid and attendance of another person.

The Veteran's claims for service connection for headaches, an innocently acquired psychiatric disorder (including PTSD), and lumbar and cervical spine degenerative joint disease were denied as there was no evidence of a current disability or that the claimed conditions are related to his military service.

The veteran's claims for increased ratings for PTSD and chronic low back syndrome are being remanded for additional development, including new VA examinations.

The Board found that there was no clear and unmistakable error in the February 1995 rating decision that denied service connection for a back disability, as the outcome would not have been different even if the RO had correctly noted the Veteran's treatment for a back injury during service.