Back / lumbar spine decisions — 2009

The veteran withdrew his appeal, and the Board has no jurisdiction to review the case.

The appeal is remanded to obtain additional evidence and schedule a new VA examination.

The Board denied service connection for a lumbar spine, right ankle, and right great toe disability as there was no evidence of these conditions in service or within the relevant time frame. The claims to reopen for skin disorder and bilateral foot fungus were also denied due to lack of new and material evidence.

The veteran's low back disorder is presumed to have been incurred during service, while his acquired psychiatric disorder was not incurred in or aggravated by military service.

The veteran's current low back disability was incurred in active military service.

The veteran's appeal for a rating in excess of 10 percent for internal derangement of the right knee prior to February 22, 2008, and claims for service connection for bilateral hearing loss, heart murmur, lumbar spine disk disease, cervical spine disk disease, and residuals of a left knee injury are being remanded for further development.

The veteran's chondromalacia of the left and right knees were granted a 10 percent evaluation, but his claims for service connection for low back disability and bilateral hip disability were denied.

The veteran's lumbar facet hypertrophy at L5-S1 and left knee medial compartment narrowing are secondary to his service-connected left ankle disability, while his migraine headaches are the result of disease incurred during active military service.

The Board remands the issue of service connection for low back disability to obtain additional evidence, including private medical records.

The Board denied the veteran's claims for service connection for fecal incontinence, post anal fissure repair, with recurrent hemorrhoids; a low back disorder (claimed as low back pain); and leg problems secondary to the claimed low back disorder due to lack of evidence showing current disabilities or a nexus between the claimed conditions and active military service.

The veteran's claims for increased evaluations were partially granted, with some conditions receiving higher ratings and others remaining at their current levels.

The Board remands the claims for a medical opinion to determine if the veteran's back and knee disorders are related to his service-connected left hip disability or to service.

The Board remands the case for a new examination to evaluate the severity of the veteran's service-connected cervical spine disorder, as well as to consider the applicability of 38 C.F.R. § 4.40 and 4.45.

The veteran withdrew his appeal with respect to the claims of service connection for a bilateral leg condition, a bilateral hip condition, and a disability manifested by hot and cold spells.

The veteran's claim for a disability rating in excess of 20 percent for his low back disability was denied due to his failure to report for a VA examination without providing good cause.

The Board denied entitlement to a referral for an extraschedular evaluation in excess of 60 percent for lumbosacral strain with arthritis.

The Board denied the veteran's claims for service connection for lumbosacral strain and degenerative disc disease of the lumbar spine, finding no current disability and that any pre-existing back injury was not aggravated by military service.

The Board remands the case for additional development, specifically to schedule the veteran for a VA examination to determine the nature, extent and etiology of any low back condition.

The Board denied the veteran's request to reopen claims for service connection for low back pain and sinusitis due to a lack of new and material evidence.

The Board denied an increased rating above the 60 percent assigned for a low back disorder from June 27, 2001, through April 12, 2004.