Back / lumbar spine decisions — 2009

The Veteran's colon diverticulitis was not present during service and is not etiologically related to service or a service-connected disability.,Service connection for a nervous disorder was denied in July 1997. The evidence received since then does not provide new and material evidence to reopen the claim.,Left knee disorder was not present during service or within one year of discharge, and is not etiologically related to service or a service-connected disability.,Lumbar spine disorder was not present during service or within one year of discharge, and is not etiologically related to service or a service-connected disability.,Residuals of a shell fragment wound to the left ankle are manifested by mild degenerative changes and a scar that measures 8 centimeters (cms) by 1 millimeter (mms). The scar does not cause limitation of motion, muscle involvement, or other disabling effects. A rating in excess of 10 percent is denied.,The Veteran's service-connected schistosomiasis is asymptomatic and therefore does not warrant a compensable rating.,The Veteran suffers no residual disability due to his service-connected rectal polyps.

The Board found that the Veteran's back and jaw disabilities were not incurred or aggravated by military service.

The Veteran's initial evaluation for dysthymic disorder was increased to 50 percent, but his claims for service connection for other conditions were not granted due to lack of new and material evidence. The case is remanded for further development.

The Veteran's cervical spine disability was granted service connection and assigned a 20 percent rating, effective from November 24, 2003. The appeal is for an increased initial rating.

The Board has granted service connection for hepatitis C and osteonecrosis of the left knee, as secondary to service-connected hepatitis C. The claim for a lumbar spine disability was denied due to lack of continuity of symptomatology since service.

The Veteran's claims for increased evaluations of his cervical spine and lumbar spine disabilities, as well as the issue of entitlement to TDIU are being remanded due to need for additional development.

The Veteran's hepatitis B is currently rated as 10 percent disabling. The Board finds that a higher initial rating for hepatitis B is not warranted at any time during the pendency of this claim.

The Veteran's claim for a higher rating for his lumbar spine disability was granted, with the effective date being November 17, 2008. The claims for increased ratings of his left and right knee disabilities were not addressed in this decision.

The Board granted service connection for lumbar strain, myositis, and degenerative joint disease of the lumbosacral spine with a 10 percent disability rating effective May 24, 2004. The Veteran's back disability was found not to meet criteria for higher ratings at any point during the appeal period.

The Board has remanded the case for additional development, including obtaining medical records and verifying stressor events. The Veteran's claims for PTSD, lumbar spine disorder, chronic bronchitis, chronic sinus disorder, and right eye injury residuals are being reviewed.

The Board has denied the Veteran's claims for service connection for a low back disorder and a left upper thigh disorder due to lack of evidence of current disabilities.

The Veteran's claims for increased ratings for aphakia, bilateral hearing loss, and a back disorder were denied. The claim to reopen the previously denied claim of service connection for residuals of polyneuritis (Guillain-Barre Syndrome) was also denied.

The Veteran's claim for increased ratings for his service-connected low back pain and radiculopathy was granted, with the initial evaluation of 20 percent prior to July 28, 2008, and an increase to 40 percent effective from that date. The remaining issues were not addressed in this decision.

The Board has reopened the Veteran's claim for service connection for a back disorder and granted service connection. The remaining issues were not addressed due to lack of merit.

The Board found that the Veteran's current low back disorder is not related to his service and denied his claim for service connection.

The Veteran's appeal is being remanded due to the need for additional VA examinations and consideration of whether extraschedular evaluation should be considered.

The Board has determined that the Veteran's current back disability, diagnosed as degenerative disc disease, spondylosis, and disc herniation, was not incurred during active military service.

The Board finds that the Veteran's current back disorder, suprapubic abdominal pain, and residuals of a bladder impairment are more likely than not related to his fall during basic training.

The Veteran's appeal is being remanded for additional development of the record, including obtaining her Social Security Administration (SSA) disability benefits file.

The Veteran's service-connected lumbar degenerative disc disease and chondromalacia patella (right and left knees) are not shown to warrant evaluations in excess of 20 percent or 10 percent, respectively.