Back / lumbar spine decisions — 2009

The Veteran withdrew his appeal for service connection for diabetes mellitus type II, hypertension, sleep apnea, hepatitis C, and a gastrointestinal disorder. The Board denied the remaining claims of service connection for low back, headache, sinus, bilateral hearing loss, and tinnitus.

The Veteran's increased disability ratings for PTSD, compression fractures and degenerative changes of the lumbar spine, and bilateral hearing loss were denied. The appeal is based on direct service connection.

The Board has remanded the case for further development, including obtaining service personnel records and scheduling a VA examination to determine the nature, extent, and etiology of the Veteran's back disability.

The Board found that the Veteran's PTSD was not incurred in service due to lack of credible supporting evidence for his claimed stressor. The low back and left leg disorders were also not shown to be related to service.

The Veteran's appeal for an increased disability rating for his service-connected cervical spine disability was denied by the Board. The case is being remanded to obtain VA treatment records and consider a VA general medical compensation examination report.

The Veteran's claims for service connection were denied across multiple conditions, including radiation exposure, hearing loss, obstructive sleep apnea, arthritis, left shoulder pain, hand pain, wrist pain, low back pain, and ankle pain. The Board found no evidence to support these claims.

The Board found that the Veteran's current degenerative joint disease of the lumbar spine was not incurred in or aggravated by service, and thus denied his claim.

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

The Board has remanded the case due to inadequate VA examination reports and the need for additional evidence, including Social Security Administration (SSA) records.

The Veteran's low back disability is currently rated as 10 percent disabling prior to April 27, 2006. The Board finds that the evidence does not support a higher rating for this period.

The Board has determined that service connection for low back disability is not warranted due to lack of a chronic condition in service or within one year after discharge, and no current low back disability is etiologically related to service.

The Veteran's service-connected status-post hysterectomy is currently rated at the maximum schedular evaluation. The combined disability rating of her service-connected conditions does not meet the criteria for a TDIU due to her other non-service-connected health issues and advancing age.

The Board has remanded the case for further development, including verifying alleged stressors and providing a VA examination to determine if any back disorder is related to active military service.

The Veteran's claim for compensation under 38 U.S.C.A. § 1151 for pseudarthrosis of the lumbar spine at L4/L5 is being remanded due to a change in representation and need for a new hearing.

The Board denied service connection for a low back disorder, concluding that the Veteran's current condition was not incurred in or aggravated by his active military service.

The Veteran's service-connected lumbosacral strain with right lower extremity radicular pain is found to have aggravated his hypertension, and the cervical spine disability and numbness of both hands are found to be related to service. The Veteran's lumbosacral strain with right lower extremity radicular pain is rated at 40%.

The Veteran's claim for increased ratings for his service-connected lumbar strain was denied. The RO continued the evaluation at 10 percent prior to April 30, 2009 and granted a 20 percent rating effective from that date.

The Veteran's appeal is being remanded for additional development to determine the nature and etiology of any low back disability or residuals of a head injury, including headaches.

The Board found that the Veteran's current low back disorder was not incurred in or aggravated by his military service, nor proximately due to or caused by a service-connected disability. As such, the claim for service connection was denied.

The Board found that the Veteran's claimed conditions were not incurred or aggravated by service and denied his claims.