Back / lumbar spine decisions — 2009

The veteran's initial disability rating for low back strain was denied as the evidence did not support a higher rating prior to July 14, 2008.

The case is remanded for additional development and readjudication of the claims.

The Board is remanding the claim for a medical opinion on whether the veteran's service-connected spine condition contributed to and hastened his death.

The claim for service connection for back injury, now claimed as arthralgia of the lumbar spine, is reopened. The claims for service connection for arthralgia of the cervical spine and knees are remanded for further development.

The Board denied service connection for an acquired psychiatric disorder, diabetes mellitus, and a back disability as the evidence did not support a finding that these conditions were incurred in or aggravated by service.

The veteran's claims for earlier effective dates of service connection were denied as the evidence did not support an earlier date than October 19, 2005.

The Board found that the veteran's current back disability did not have onset during service, did not manifest within one year of separation, and is not otherwise etiologically related to his service.

The Board denied the veteran's claims for service connection for a low back condition, residuals of a right ankle strain, bilateral hearing loss, and residuals of a right knee injury.

The veteran's claim for an extension of a temporary total evaluation beyond January 31, 2007 for spinal stenosis of the lumbar spine requiring convalescence was denied as the medical evidence did not indicate that any of the criteria of 38 C.F.R. § 4.30 were met after January 31, 2007.

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

The appeal was dismissed due to the veteran's death.

The Board found that the veteran's right foot disability does not present an exceptional or unusual disability picture, and therefore denied further referral for consideration of an extraschedular rating.

The Board finds that service connection for a low back disorder, to include degenerative joint and disc disease of the lumbosacral spine, is warranted based on credible lay evidence of an in-service injury followed by chronic pain since then.

The Board denied the veteran's claim for service connection for arthritis of the lumbar spine, finding no evidence linking it to his military service or a service-connected disability.

The veteran's service-connected PTSD is rated at 50 percent, but no higher, and the other claims for increased ratings and TDIU were denied.

The veteran withdrew her appeal for an initial disability rating in excess of 10 percent prior to May 16, 2003; in excess of 20 percent for the period May 16, 2003 to October 25, 2006; and in excess of 40 percent on and after October 26, 2006, for lumbar myositis.

The Board denied the veteran's claims for increased ratings for his service-connected left hip bursitis and lumbar spine degenerative changes, as the evidence did not support a higher rating under applicable criteria.

The Board denied service connection for the veteran's claimed conditions, finding no evidence of a causal link to his active service.

The Board denied the veteran's claims for service connection for a back condition and right knee condition, finding that new and material evidence had not been submitted to reopen the claim for the back condition and that there was no evidence linking either condition to his military service.

The veteran's left knee disorder is service-connected, and the Board will remand for a new examination to assess the current severity of his lumbosacral strain.