Back / lumbar spine decisions — 2009

The Veteran's claim for an initial evaluation in excess of 40 percent for his lumbar spine disorder remains under review due to the need for clarification regarding prescribed bed rest and incapacitating episodes.

The Board has ordered a new VA examination to determine if the Veteran's current back disability was incurred in or aggravated by his active duty service. The appeal is now remanded for further development.

The Veteran's claim for service connection for a back disability, to include as secondary to his service-connected right leg disability, was denied by the Board. The evidence did not show a current diagnosis of a back disability and the Veteran's statements were considered insufficient to establish such a condition.

The Board denied service connection for upper and lower back disabilities, as well as chronic anemia. The Veteran's left shoulder disorder was granted a noncompensable rating.

The Board has remanded the case due to incomplete development and failure to comply with all of its previous directives. The Veteran's claim for service connection for a low back disorder is now pending again.

The Veteran's death was caused by suicide due to chronic pain from his service-connected disabilities, and he meets the criteria for service connection for cause of death. The appellant is also eligible for Dependents' Educational Assistance under Chapter 35.

The Veteran's death was caused by Alzheimer's disease, which is a significant condition contributing to his death. His service-connected degenerative disc disease of the lumbosacral spine was found to be a contributory cause of death. As such, service connection for the cause of the Veteran's death has been granted.

The Board has determined that additional evidence must be obtained to properly adjudicate the Veteran's claims for service connection for left knee and low back disabilities.

The Board has determined that the evidence does not support reopening the claim of service connection for bilateral hip degenerative joint disease. The Veteran's current evaluations for his knee disabilities are found to be appropriate based on the severity of his symptoms and impairment.

The Board denied the Veteran's claims for service connection for various disabilities, including diabetes mellitus type II and its associated secondary conditions, due to a lack of evidence showing such conditions were incurred in or aggravated by his military service.

The Veteran's claims for service connection for synovitis of the right knee and lumbar spondylosis, claimed as low back injury were denied. The Board found no evidence linking these conditions to his active duty.

The Board has determined that the Veteran does not have a current diagnosis of low back or neck pain, and thus cannot establish service connection for these conditions.

The Board has determined that the Veteran's left shoulder and back disabilities are service-connected, as they were incurred during his active duty. The TBI claim is also granted, with conflicting medical evidence regarding current residuals.

The Veteran's low back disability is rated at 10 percent, the maximum available under the General Rating Formula for Diseases and Injuries of the Spine. The appeal is granted as the rating assigned meets the criteria set forth in the applicable diagnostic code.

The Veteran's appeal was dismissed due to his death during the pendency of the appeal.

The Veteran's right knee replacement resulted in a current rating of 30 percent, which is the maximum available under Diagnostic Code 5055. The Board finds that his symptoms do not warrant an increased rating.

The Board has determined that the evidence received since the November 2002 decision does not meet the criteria for reopening the claim of service connection for a bilateral foot disorder. The claim for service connection for a chronic back disorder is reopened, but the Veteran's claim remains denied as there is no medical nexus between her current low back disorder and active duty service.

The Veteran's orthopedic manifestations of degenerative disc disease of the lumbar spine resulted in limitation of function at least as likely as not equivalent to forward flexion limited to 30 degrees or less from December 26, 2006 to November 20, 2007. A higher rating for that period is granted.

The Board has determined that the Veteran's Degenerative Disc Disease (DDD) at L4-L5 is related to his active service, and thus grants service connection for this condition.

The Board has determined that new and material evidence has been presented to reopen the claim for service connection for back disability. A VA medical examination is required to determine if there is a 50 percent or better probability that the Veteran's current back disorder is etiologically related to his active service.