Back / lumbar spine decisions — 2009

The Veteran's claims for increased ratings and service connection were denied. The Board found that the evidence did not meet the criteria for a higher evaluation for his low back sprain or major depression, nor could he establish service connection for radiculopathy of the extremities due to his lumbar spine disability.

The Veteran's claims for service connection are being remanded due to the need for additional medical opinions and examinations.

The Board found that the Veteran's back condition was not incurred or aggravated in service due to his own willful misconduct, and thus denied service connection.

The Board denied service connection for bilateral hearing loss due to a lack of evidence showing the condition was incurred during active service or is otherwise related to military noise exposure. Service connection for a back disorder remains unresolved as there are no final decisions on this issue.

The Board has remanded the case for additional development, including a VA examination to determine the nature and etiology of any low back disorder found. The Veteran's claim will be readjudicated after this development.

The Board has reopened the Veteran's claim for service connection for a back disorder due to new and material evidence. However, before addressing the merits of the issue, additional development is required as a comprehensive VA medical examination and opinion are needed to determine the exact nature and etiology of his back problems and whether any current back disorder is traceable back to his military service.

The Veteran's claims for service connection were denied as his claimed conditions are not related to his military service or herbicide exposure.

The Veteran's service-connected low back disability was denied a higher rating, with the RO finding that it did not meet the criteria for a rating in excess of 40 percent on and after November 24, 2004.

The Board has remanded the case for further development due to insufficient medical opinions regarding the etiology of the Veteran's current low back disability.

The Veteran's claim for service connection for a right hip disorder, fatigue, cognitive disorders, and migraines was denied. The Board found no evidence of a current right hip disorder or any link to service or his service-connected right knee disability.

The Board has granted service connection for hypertension and denied service connection for a right lower extremity disorder (claimed as the residuals of a fracture of the right tibia and femur) and lumbosacral strain, finding in favor of the Veteran on both hypertension and lumbosacral strain claims.

The Board denied service connection for a low back disorder and a psychiatric disorder, with the latter being claimed as stress. The claims were remanded for further development.

The Veteran's diabetes mellitus, type II due to herbicide exposure is currently rated as 20 percent disabling. The RO granted service connection for this condition and assigned a compensable rating.

The Veteran's claim for an initial disability rating in excess of 20 percent for intervertebral disc syndrome (IVDS) of the lumbar spine with bilateral lower extremity neuropathy was denied. The Board found that his condition did not meet criteria for a higher rating.

The Board has determined that the Veteran's claimed disabilities, including left arm injury, cervical and thoracolumbar spine disability, arthritis, flat feet, and acquired psychiatric disorder, were not incurred or aggravated by active service. The claim for residuals of a left arm injury is addressed in the REMAND portion of this decision.

The Veteran's current degenerative joint disease of the lumbar spine is service-connected. The Board also granted service connection for cellulitis, otitis media, tinnitus, nasopharyngeal cancer (claimed as throat cancer), and diabetes mellitus.

The Veteran claims service connection for residuals of a low back injury sustained while serving in the Pennsylvania Army National Guard on April 1, 2001. The Board has ordered additional development to verify service dates and obtain medical records.

The Board found that the Veteran's service-connected chronic lumbar strain warrants a rating of 40 percent, which is in line with his current symptoms and limitations.

The Veteran's claims for head injury, syncopal episodes (claimed as seizures), and lumbar spine disorder are denied. The Board found no evidence of a head injury or syncopal episodes attributable to service. A lumbar spine disorder was not shown in service or within one year after separation.

The Veteran withdrew his claims for an initial rating in excess of 20 percent for a lumbar spine disability and an initial rating in excess of 10 percent for bursitis of the left shoulder before the Board could make a decision.