Back / lumbar spine decisions — 2009

The Board remands the issues of service connection for degenerative arthritis of the lumbar spine and a neck condition to the RO via the Appeals Management Center (AMC) in Washington, DC.

The veteran is entitled to special monthly compensation based on the need for regular aid and attendance due to his service-connected disabilities.

The Board denied service connection for a bilateral knee disability as it is not related to the veteran's service or his service-connected low back disability. The Board also denied an increased rating for the veteran's low back disability and an earlier effective date for service connection of depressive disorder.

The Board denied service connection for peripheral neuropathy of the right, left upper, and lower extremities as well as a low back disability. The veteran's claims were not supported by sufficient evidence.

The veteran's claims for increased ratings and service connection were partially denied, with a 30 percent evaluation granted for headaches.

The veteran's current low back disability was not incurred in or aggravated by active service and arthritis of the lumbar spine was not manifest within one year of discharge from service.

The Board denied service connection for Wegener's granulomatosis and a low back disorder, finding no evidence of in-service onset or aggravation.

The Board's decision was vacated and remanded to obtain additional evidence, including VA and private medical records, and a VA medical nexus opinion regarding the veteran's lumbar spine degenerative disc disease.

The appeal was remanded to correct the legal basis for the claim and ensure proper notification.

The veteran's myofascial pain syndrome, somatic dysfunction lumbar pain is rated at 40 percent due to constant musculoskeletal pain with near constant symptoms that are refractory to therapy.

The claims for service connection for a back condition, neck condition, fungus of the feet, cardiovascular condition, and headaches are remanded for additional development.

The veteran's lumbar spine DDD, diabetes mellitus, peripheral vascular disease in the left lower extremity, and erectile dysfunction were not found to warrant higher initial ratings.

The veteran's claim for a rating in excess of 20 percent for inactive tuberculosis of the thoracic spine at T-4 with degenerative disc disease from July 26, 2002 until September 25, 2003 was denied.

The veteran's claims for service connection for a back disability and residuals of frostbite of the feet have been reopened, but further development is needed to address the underlying merits.

The Board found that the evidence of record does not support a finding of direct or secondary service connection for degenerative joint disease of the left hip and lumbar spine.

The Board granted service connection for a back disorder and denied an initial rating in excess of 10 percent for the residual scar of a partial right kidney nephrectomy.

The veteran's claim for service connection for hypertension was denied as there is no evidence of a chronic condition in service or within the one-year presumptive period, and no competent medical evidence linking his current hypertension to active duty.

The Board found that the veteran's service-connected disabilities did not cause or contribute to his death.

The Board denied the veteran's claims for increased ratings and service connection, with one issue being withdrawn by the veteran.

The veteran withdrew the appeal of whether new and material evidence had been received to reopen the claim for service connection for a left knee disability.