Back / lumbar spine decisions — 2009

The veteran's lumbar and right ankle disabilities were granted increased ratings, while the cervical spine disability was denied an increase. Service connection for a left foot/ankle disorder as secondary to service-connected residuals of fracture of the right distal tibia and right fifth toe was established.

The Veteran's low back strain symptoms prior to September 26, 2003 more nearly resemble those for moderate limitation of motion of the lumbar spine.

The Board denied service connection for a low back disability, finding no evidence that the condition was related to active military service or events therein.

The Board denied service connection for breast cancer, PTSD, bilateral wrist disorder, low back disorder, right foot disorder, and right knee disorder as the evidence did not show that any of these conditions were incurred or aggravated during active duty for training (ACDUTRA) or inactive duty for training (INACDUTRA).

The Board denied the claim for service connection for a low back disorder, diagnosed as degenerative disc disease, due to the lack of evidence showing a chronic condition in service or within the applicable presumptive period and the absence of a nexus between the Veteran's current disability and his active duty service.

The appeal for service connection for a right knee disorder, to include as secondary to a service-connected left knee disorder, was granted. The other issues remain pending further development.

The veteran withdrew his appeal for an increased evaluation for chronic allergic conjunctivitis with dry eye syndrome.

The veteran's claims for service connection for chest pain, a back condition, hypertension, and a right knee disorder are being remanded for additional development and adjudication.

The Veteran's low back disability is not entitled to a rating higher than 20 percent.

The Board denied the veteran's claim for service connection for a lumbar spine disorder as there was no evidence of a chronic condition during service, and no competent medical evidence linking the current disability to active service.

The application to reopen the previously denied claim for service connection for a disability exhibited by low back pain was denied because new and material evidence was not submitted.

The Board denied service connection for arthritis of the legs, a low back disorder, and bilateral hearing loss as there was no evidence of current disability.

The appeal is being remanded for further development and adjudication of the Veteran's claim for service connection for residuals of a spinal shot, claimed as resulting in paralysis and a back disability.

The Veteran's chronic lumbar strain did not meet the criteria for a rating in excess of 10 percent from February 25, 2005 to November 5, 2008.

The Board denied service connection for bilateral hearing loss, a low back condition, and bilateral knee condition as the evidence did not support a finding of in-service incurrence or aggravation of these conditions.

The veteran's migraine headaches are rated at 50 percent, and he is granted service connection for tinnitus.

The Veteran's service-connected degenerative disc disease of the lumbar spine, L4-L5 with grade I listhesis, herniated lumbar disc at L5-S1 is not shown to be more disabling than currently rated under the applicable criteria.

The appeal is remanded to the RO for further development of the evidence.

The veteran's appeal for an increased rating for his service-connected degenerative disc disease of the lumbar spine is being remanded to schedule a videoconference hearing.

The Board denied service connection for diabetes mellitus and lumbar spine disability as the preponderance of evidence did not support a finding that these conditions were related to the Veteran's active service.