Back / lumbar spine decisions — 2009

The veteran withdrew his appeal for service connection for gastric ulcer and lumbar strain.

The Board found that the veteran had not submitted new and material evidence to reopen his claims for service connection for a low back disability and right hand disability.

The Board denied service connection for degenerative disc disease of the lumbar spine and ulcerative colitis, finding that there was no evidence to support a claim of aggravation during active duty for training (ACDUTRA) or inactive duty for training (INACDUTRA).

The veteran's low back disability was not found to be more severe than a 20 percent rating, but he was granted a separate 10 percent evaluation for left lower extremity mild incomplete paralysis of the sciatic nerve.

The veteran's initial ratings for low back strain and scar, residual of myomectomy were denied as the evidence did not support higher ratings.

The appeal is remanded to the RO for further development and consideration of the veteran's claims.

The Board denied service connection for a lumbar spine disability, finding no evidence linking the current condition to active military service.

The Board denied the veteran's claim for service connection for a low back disability, finding that there was no evidence of a chronic low back disability during service or within one year of discharge and that the current condition is unrelated to service.

The Board found that the veteran's current right knee and back conditions were not related to his military service or proximately due to or permanently aggravated by his service-connected left knee arthritis.

The veteran's service-connected lumbosacral strain with mechanical back pain, L5 disc bulging and limitation of motion does not warrant a rating in excess of 20 percent. However, the veteran is entitled to separate ratings of 10 percent for chronic pain in both legs due to radiculopathy.

The Board denied the veteran's claim for service connection for a back disability, as it was not found to be etiologically related to his service or a service-connected disability.

The Board denied an initial rating in excess of 20 percent for the veteran's service-connected degenerative joint disease (DJD) of the lumbar spine, L5-S1, based on aggravation.

The veteran's lumbosacral strain with degenerative disc disease at L4-5 is not more disabling than currently evaluated, as the evidence does not show a disability rating greater than 10 percent.

The veteran's claims for service connection for various bilateral foot, ankle, hip, knee, and low back disorders are being remanded for further development.

The veteran's service-connected low back disorder has not resulted in incapacitating episodes having a total duration of at least six weeks during the past 12 months, unfavorable ankylosis of the entire thoracolumbar spine, or incomplete paralysis of either of the sciatic nerves. Therefore, an evaluation in excess of 40 percent is not warranted.

The appeal is remanded to the RO for further development of evidence related to the veteran's claim for service connection for a low back disability with radiculopathy secondary to his right knee meniscectomy.

The Board remands the case to schedule a VA examination and obtain additional evidence related to the veteran's low back disorder.

The Board denied service connection for a right knee disorder and hypertension, but granted the claim to reopen for a low back disorder. The veteran's right knee condition was not related to his military service, while new evidence suggested a possible link between his current low back condition and his military service.

The veteran withdrew his appeals for increased ratings of a left hip disability, lumbar spine disability, and major depressive disorder. He was granted a certificate of eligibility for specially adapted housing.

The veteran's appeal is being remanded for additional medical examinations and evidence to determine the nature, severity, and etiology of his cervical spine disorder and lumbar strain with scoliosis.