Back / lumbar spine decisions — 2009

The Board denied the veteran's claims for increased ratings for DJD of the right knee and DDD of the lumbosacral spine, finding that the evidence did not support a higher rating under the applicable criteria.

The Board denied an earlier effective date for the grant of service connection for degenerative disc disease of the lumbosacral spine at L3-4 and L4-5, finding no clear and unmistakable error in a 1961 rating decision that denied service connection.

The Board denied the veteran's claims for service connection for a back disability and hypertension, as there was no evidence linking these conditions to his active military service.

The veteran's lumbar spine disability was denied a rating in excess of 20 percent, and his bilateral hearing loss was denied an evaluation in excess of 10 percent.

The Board denied the veteran's claims for service connection for lumbar intervertebral disc syndrome and a rating in excess of 20 percent for residuals of a left fibula fracture, as there was no evidence that the low back condition was caused or aggravated by the service-connected ankle injury.

The Board denied the veteran's claim for service connection for a low back disability, finding that the competent medical evidence did not support a relationship between the veteran's current low back condition and his military service.

The Board remanded the issues of entitlement to initial disability ratings in excess of 10 percent for degenerative joint disease of the lumbar spine with spondylolisthesis and left lower extremity radiculopathy for further development.

The veteran does not currently have a diagnosed low back disability, and therefore his claim for service connection as secondary to his left knee disability is denied.

The veteran's claims for a rating in excess of 40 percent for his back disability and a total disability evaluation based on individual unemployability due to service-connected disorders are being remanded for further development.

The Board has reopened the claims for service connection for residuals of a low back and left ankle disabilities, but denied reopening the claim for a right ankle disability.

The veteran's residuals of a T-12 compression fracture with deformity do not warrant a rating higher than 20 percent, and his cervical degenerative disc disease is not related to service.

The Board remands the issue of service connection for residuals of a low back injury to the RO for further development, including obtaining additional medical evidence and scheduling a VA examination.

The veteran is granted special monthly compensation for the need of regular aid and attendance due to his service-connected low back disability.

The Board denied service connection for bilateral knee sprain, left ankle sprain, and low back disability as they were not incurred in or aggravated by the veteran's active duty service, nor are they proximately due to or the result of his service-connected right ankle.

The Board found that the veteran's inability to use his legs is not related to his service-connected lumbar spine disability and does not meet the criteria for special monthly compensation, automobile and adaptive equipment, or assistance in acquiring specially adapted housing or a special home adaptation grant.

The veteran's claims for increased ratings for a left foot burn scar and low back disability were denied as the evidence did not support higher ratings.

The Board denied the applications to reopen claims for service connection for a low back condition and hypertension as new and material evidence was not presented.

The Board denied the veteran's claim for service connection for a back disorder, as there was no evidence of chronic disability during or shortly after service and no medical evidence linking his current degenerative disc disease to his military service.

The Board remands the matter for additional development, including obtaining relevant medical records and scheduling a new VA examination.

The veteran's back disability was not incurred in or aggravated by active service and is not etiologically related to a service-connected disability.