Back / lumbar spine decisions — 2009

The Board granted service connection for the cause of the Veteran's death, finding that his suicide was due to mental unsoundness associated with depression resulting from his service-connected disabilities.

The appeal is remanded for further development and a VA examination to reconcile conflicting medical opinions regarding the etiology of the veteran's current low back disability and any relationship between that disability and his service-connected condition.

The Board denied service connection for a back disorder and denied increased disability ratings for the veteran's bilateral knee disorders.

The Board denied the Veteran's claims for service connection for a back and neck disability as there was no evidence of an in-service injury or chronic disability, and no medical nexus between the claimed conditions and military service.

The appeal is remanded for further development of the evidence, specifically to address whether the Veteran's low back disorder has been permanently aggravated by his service-connected knee disability.

The Board denied the Veteran's claims for service connection for a chronic back disability and a chronic psychiatric disability, including PTSD.

The veteran's low back condition (also claimed as right hip pain) was not incurred in or aggravated by active service, may not be presumed to have been such, and is not proximately due to, the result of, or aggravated by a service-connected disability.

The veteran's service-connected disabilities, rated as 50 percent disabling when combined, do not preclude following a substantially gainful occupation.

The Board denied increased ratings for cluster headaches, chronic bronchitis, scoliosis of the lumbar spine, and tinnitus, as the evidence did not support higher ratings under applicable criteria.

The Board remands the case for further development, including obtaining service records and hospital records identified by the appellant.

The Veteran's service-connected disabilities, including herniated nucleus pulposus with degenerative disc disease at L5-S1 status post laminectomy, post-traumatic stress disorder, residuals of gunshot wound of the anterior neck with paralysis of the left vocal cord, tracheotomy scars, and impaired respiration, sciatica of right lower extremity, and sciatica of left lower extremity, have caused him to lose use of both lower extremities such as to preclude locomotion without the aid of a cane, braces or wheelchair.

The Veteran's initial evaluation for degenerative disc disease of the lumbosacral spine was denied as it did not meet the criteria for a higher rating.

The Veteran's right shoulder disability warranted a rating of 20 percent prior to February 9, 2004, and no higher from that date. The claims for service connection for neck and upper back disabilities were denied.

The veteran withdrew his appeal for increased disability ratings and to reopen a claim for service connection for tinnitus.

The appeal seeking restoration of a 60 percent rating for the low back disability and a rating in excess of 60 percent was dismissed because the Veteran abandoned his claim.

The Board denied service connection for joint pain, a low back disability, a bilateral knee disability, and right elbow pain as these conditions were not shown to have had onset during service or to be related to an injury, disease, or event in service. The veteran's claims of entitlement to an initial rating greater than 10 percent for irritable bowel syndrome were also denied.

The Board dismissed the appeal as a timely substantive appeal was not received to the April 2003 rating decision denying service connection for a back disorder.

The Veteran's claims for increased ratings and a compensable rating were denied, with the exception of grants of 10% and 20% ratings for tinea versicolor and chronic lumbosacral strain, respectively.

The Board remands the claims for service connection for right knee, left leg, and back disabilities to ensure that all efforts have been expended to assist the Veteran in the development of his claim.

The Board denied the veteran's claims for increased ratings for his lumbar spine, right knee, and left knee disabilities.