Back / lumbar spine decisions — 2009

The Board found that new and material evidence had been submitted to reopen the claims for service connection for a low back injury, heart condition, and hypertension. However, it was determined that these conditions were not incurred in or aggravated by the veteran's active military service.

The veteran's low back disorder, diagnosed as degenerative disc disease with radiculopathy, is granted service connection because it pre-existed his period of active duty but was aggravated by the service.

The Board denied the veteran's claims for increased ratings for his lumbar spine disability and duodenal ulcer, finding that the evidence did not support higher ratings.

The Board remands the claims for additional development as new evidence has been received since the last SSOC.

The Board denied earlier effective dates for the awards of a 30 percent rating for a neck injury with cervical arthritis and degenerative disc disease, service connection for radiculopathy of the left and right upper extremities, TDIU, and service connection for a low back disability.

The Board denied the veteran's claims for an initial rating in excess of 10 percent and a staged rating in excess of 20 percent for degenerative disc disease of the lumbosacral spine with chronic lumbar strain, on an extraschedular basis.

The case was remanded for further development, including a VA examination to determine the nature and etiology of the veteran's right knee and low back disabilities.

The appeal is being remanded to the RO for procedural development, including an opportunity for the veteran's representative at the RO to execute VA Form 646.

The veteran's appeal for service connection for GERD, tinnitus, and bilateral hearing loss was withdrawn. Service connection for a skin disability (tinea pedis) was granted.

The Board denied service connection for PTSD, low back disability, bilateral foot disability, sleep apnea, bronchitis and carpal tunnel syndrome as the evidence did not show that any of these conditions were incurred in or aggravated by active military service.

The Board found that the schedular criteria for a rating of 40 percent disabling, but no higher, was met as of May 6, 2004. The criteria for a rating higher than 40 percent were not met.

The Board denied service connection for peripheral neuropathy as secondary to the veteran's lumbar spine disability due to a lack of medical evidence supporting a relationship between the two conditions.

The veteran's service-connected low back disability did not meet the criteria for a higher rating, and an earlier effective date for left leg radiculopathy was denied.

The appeal is remanded to the RO for additional development and a re-adjudication of the claims.

The veteran's claim for service connection for a dental disorder, claimed as bleeding gums, was denied because periodontal disease is not a compensable condition.

The veteran's claims for service connection for hypertension, degenerative arthritis of the lower extremities, and a low back disorder were denied as there was no new and material evidence to reopen them. The claim for residuals of surgery to correct a left eye cataract was also denied as there is no medical evidence linking the current disability to his military service.

The Board denied the veteran's claims for service connection for a back disability, hip disability, and residuals of a head injury as there was no medical evidence linking these conditions to his military service.

The veteran's service-connected low back strain is rated at 20 percent, while the other conditions remain non-compensable.

The case is remanded to obtain private medical records and schedule the veteran for VA examinations.

The appeal was denied for an increased rating greater than 50 percent for bilateral flat feet with recalcitrant plantar fasciitis and service connection for depression, but the claim for degenerative arthritis and herniated disc of the lumbar spine was reopened.