Back / lumbar spine decisions — 2009

The Board denied the Veteran's claims for service connection for low back disability and hepatitis C, finding that new evidence did not relate to an unestablished fact necessary to substantiate the claim of service connection for a low back disability. The Board also found that there is no persuasive evidence linking hepatitis C to active duty service.

The Board has remanded the case due to inadequate notice regarding what evidence would be necessary to substantiate the claim for service connection.

The Veteran's claim for an increased rating for his lumbosacral spine disability is being remanded due to the need for a new VA examination and additional development of medical records.

The Veteran's claim for an increased rating for mechanical low back pain was granted, with a disability rating of 40 percent effective July 31, 2008. The decision also addressed the earlier effective date for service connection for seizures.

The Veteran's claim for an increased evaluation of her service-connected degenerative disc disease of the lumbar spine with bilateral sacroiliitis was denied. The Board found that her disability picture did not meet or approximate the criteria for a higher initial rating under the applicable VA Rating Schedule. Her radiculopathy of the right lower extremity, which is not currently service-connected, remains unresolved.

The Board has determined that the Veteran's low back disability is service-connected, but his right lower extremity radiculopathy claim is denied.

The Board found that the Veteran's low back disability to include degenerative disc disease of the lumbar spine was not incurred in or aggravated by service.

The Veteran's appeals for service connection of various conditions have been dismissed due to withdrawal of the appeal regarding his right wrist disorder. The Board found no evidence of a current sleep disorder and thus denied service connection for this condition.

The Veteran's appeal is being remanded for additional development, including obtaining updated VA treatment records and arranging for a medical examination to assess his employability due to service-connected disabilities.

The Board has remanded the Veteran's claims for service connection due to insufficient evidence and need for further examination.

The Board has determined that new and material evidence has not been presented to reopen the Veteran's claims for service connection for back disability, gastroesophageal reflux disease (GERD), and radiculopathy of the right lower extremity. The claims are therefore denied.

The Board has decided to remand the case for additional development, including obtaining Social Security Administration records and medical records from the Veteran's primary care physician.

The Veteran's service-connected low back disability, even considering his complaints of pain, did not meet the criteria for a higher rating as it did not result in forward flexion of the thoracolumbar spine at or below 30 degrees, nor was there evidence of favorable ankylosis. The Board found that the current 20% rating adequately reflects the Veteran's disability.

The Veteran's claim for an increased disability rating for his service-connected lumbar spine disability is being remanded due to the need for additional evidence and a new examination.

The Board denied the appellant's claims for increased evaluations of his cervical spine, lumbar spine, and bilateral carpal tunnel syndrome disabilities.

The Veteran's appeal is being remanded to allow for a video-conference hearing at his local RO in St. Petersburg, Florida.

The Veteran's claim for a higher rating for degenerative disc disease of the lumbar spine was denied. The Board found that his disability did not meet or approximate the criteria for a higher rating prior to April 21, 2009 and from April 21, 2009.

The Veteran's low back disability is currently rated at 40 percent, but the evidence does not support a higher rating as there is no evidence of unfavorable ankylosis or incapacitating episodes.

The Board denied the Veteran's claims for service connection for a back disorder, bilateral knee disorder, and larynx disorder. The evidence did not establish that these conditions were incurred in or aggravated by service.

The Veteran's claim of service connection for a low back disability is being remanded due to the need for further development and examination.