Back / lumbar spine decisions — 2009

The Board has determined that there is no evidence to support the Veteran's claim of service connection for a low back disorder, and thus denied the claim.

The Board has determined that the Veteran does not have a current diagnosis of lumbar degenerative disc disease, right lower extremity radiculopathy, or bilateral foot disorder that is causally related to his military service. As such, the claims for service connection are denied.

The Board finds that the reduction in rating for hypertension from 60% to 10% was proper. The Veteran's TDIU claim is granted as he meets the criteria for a total disability rating based on individual unemployability due to his service-connected disabilities.

VA denied all claims for increased ratings for right hip arthritis, left hip arthritis, and low back disability as there was no evidence showing that these conditions warranted a rating in excess of 10 percent under applicable criteria.

The Board has granted service connection for a low back disability and an initial rating of 30 percent for dermatitis, finding that the Veteran's pre-existing back condition was aggravated by service. The dermatitis is rated at the next higher percentage based on its extent.

The Board found no evidence of a thoracic or lumbar spine disability and concluded that the cervical spine disability was not incurred in service. The Veteran's current cervical spine disability is considered to be due to her long-term use of a computer, leading to chronic strain.

The Veteran's claims for increased ratings were denied. The RO continued the 40 percent rating for postoperative herniated nucleus pulposus with lumbar laminectomy and spinal fusion, and assigned separate ratings for radiculopathy of the right and left lower extremities.

The Board found that new and material evidence had been received to reopen the claim of service connection for a low back disorder, which was determined to be related to active service. The appellant's current low back disorder is considered to have resulted from his military service.

The Board has determined that the Veteran does not have a current disability for allergic rhinitis, iliotibial band syndrome of the left knee, or lumbar strain. Therefore, service connection is denied for these conditions.

The Veteran's claim for an increased rating for his lumbosacral spine disability was denied as the evidence did not meet the criteria for a higher rating under the applicable VA rating schedule.

The Board has remanded the case for a new VA examination to determine if the Veteran's current back disability is related to his service, including the March 2004 incident during INACDUTRA.

The Veteran's lumbar and cervical spine disabilities were not incurred or aggravated during service.

The Board has determined that the Veteran's cervical and lumbar spine disabilities were not incurred or aggravated by active military service, and therefore denied her claims for service connection.

The Veteran's appeal has been dismissed due to his death.

The Board has remanded the case due to insufficient evidence regarding whether the Veteran's service-connected back condition contributed to his death. The appellant needs additional medical opinion and VCAA notice.

The Veteran's claims for increased evaluations of his low back strain, peptic ulcer disease, and hypertension were denied. The Board found that the current evaluations adequately reflect the severity of these conditions.

The Veteran's death was not service-connected, and the Board denied entitlement to DIC benefits under 38 U.S.C.A. § 1318.

The Board denied the Veteran's claims of service connection for left and right knee disabilities, finding that new and material evidence had not been received to reopen his claim of service connection for residuals of a low back injury. The decision also noted that there was no evidence showing that the current knee disabilities were related to service.

The Veteran's initial compensable ratings for his service-connected right shoulder, lumbosacral spine, right knee, and left knee disabilities have been denied. The VA examiner found no limitation of motion or additional functional loss due to pain, fatigue, weakness, or lack of endurance.

The Board has remanded the case for additional development due to issues regarding service connection for cervical spine, lumbar spine, and left knee disorders. The Veteran's claims are not about a presumption of exposure or new evidence.