Back / lumbar spine decisions — 2009

The Board finds that the Veteran's low back disorder and numbness in the legs are related to his active service. The claim for reopening of a hypochondriasis claim is denied as no new and material evidence has been received.

The Board denied the Veteran's claims for service connection for a psychiatric disorder and low back disorder, finding that new evidence did not materialize to reopen these previously denied claims. The claim for PTSD was also denied.

The VA determined that the Veteran's current back disability was not incurred or aggravated by active service and denied his claim for service connection.

The Board denied the Veteran's claims for service connection for various conditions, including gastrointestinal disorders and lymphadenopathy. The issues were related to whether new evidence had been submitted that could reopen his previously denied claim.

The Veteran's service-connected incomplete fusion of the posterior neural arch of the lumbar spine at S1, transitional vertebra is currently rated as 10 percent disabling. The Board denied both his claims for a compensable rating prior to November 4, 2008 and an increased evaluation since that date.

The Board has determined that new and material evidence has not been received to reopen the claim of service connection for a low back disability. The evidence submitted does not relate to the unestablished fact necessary to substantiate the claim, which is whether the current low back disability is related to service or inservice complaints.

The Board has determined that the Veteran's claimed lumbar strain and arthritis of the thoracic spine are not related to his military service. The preponderance of evidence is against these claims.

The Board has granted service connection for Degenerative Disc Disease of the Cervical Spine and Left Eye Disability with Defective Vision and Scarring, finding these conditions are related to military service. Service connection was denied for a Back Disability (Low Back Pain).

The Veteran's claims for service connection, increased ratings, and TDIU were denied. The Board found no evidence of a chronic back disorder or sterility related to his military service.

The Veteran's appeal is being remanded for additional development, including obtaining outstanding medical records and providing VCAA notice.

The Veteran's appeal is being remanded for additional development, including a spine examination and an examination of his wrists to determine the current severity of his service-connected lumbar spine disability and the etiology of his bilateral wrist CTS.

The Board denied the Veteran's claims of service connection for bilateral carpal tunnel syndrome, cervical spine disability, and low back disability. The claim for service connection for a cervical spine disability was reopened due to new evidence submitted since the last final denial. However, the Veteran does not have a current diagnosis of carpal tunnel syndrome that is related to his military service.

The Veteran's degenerative disc disease of the lumbar spine is not shown to be related to service or his service-connected lumbosacral strain, and therefore service connection is denied.

The Veteran's claim for an effective date prior to June 5, 2002, for the grant of service connection for a low back disorder is denied. The Board found that there was no communication from the Veteran indicating he intended to reopen his claim before June 5, 2002.

The Board has determined that the reduction in evaluation from 40 percent to 20 percent, effective May 1, 2006, was proper and denied the Veteran's claim for an increased rating.

The Board finds the preponderance of the evidence is against the grant of service connection for a back disability and denies this claim. The Veteran's current back disability was not incurred in or aggravated by active military service, nor may arthritis be presumed to have been incurred in service.

The Veteran's claims for increased ratings for cervical and lumbar spine disabilities, as well as his claim to reopen a previously denied knee disorder claim, were all denied by the Board. The evidence did not meet the criteria for an increased rating under the applicable diagnostic codes.

The Veteran's claim for a higher evaluation for his service-connected degenerative changes of the lumbar spine was granted, with an initial evaluation of 20 percent effective December 30, 2005. The Veteran now seeks a higher rating.

The Board finds that the content requirements of notice have been fully satisfied. The Veteran's service treatment records fail to indicate any treatment related to his lower back disorder, and there is no medical evidence indicating a current diagnosis of such a disability. Therefore, the claim for service connection for a lower back disorder is denied.

The Veteran's appeal is remanded for additional development, including obtaining VA treatment records and SSA disability determination. A new orthopedic/neurological examination will be scheduled to assess the current severity of his service-connected low back pain.