Back / lumbar spine decisions — 2009

The Veteran's disability of the lumbar spine is found to be proximately due to or aggravated by his service-connected right knee disability.

The Veteran's claim for an increased rating for allergic rhinitis was denied. The issue of a rating in excess of 30 percent for degenerative disc disease of the cervical spine is referred back to the RO for further action.

The Veteran's service-connected lumbar disability, which includes lumbosacral strain and arthritis, is not shown to warrant a rating in excess of the current 40 percent due to lack of unfavorable ankylosis or incapacitating episodes lasting at least 6 weeks during the past 12 months.

The Board has remanded the Veteran's claims due to additional evidence received after the last Supplemental Statement of the Case (SSOC). The claims will be reconsidered with application of all appropriate laws and regulations, including consideration of the new evidence.

The Veteran's lumbar disc disease is aggravated by his service-connected right knee disability, and the Board has granted service connection for this condition.

The Board denied service connection for back and bilateral foot disabilities, finding no evidence of pre-existing conditions that were aggravated by service.

The Board found that the Veteran's low back disorder is not proximately due to or aggravated by his service-connected degenerative joint disease of the left second tarsometatarsal joint.

The Board has determined that the Veteran's low back disability and tinnitus are not related to service, and thus denied both claims.

The Board denied service connection for low back disability, sinusitis, and pes planus.

The Board found no evidence linking the Veteran's current back disability, bilateral hearing loss, acquired psychiatric disability including PTSD, or sleep problems to service. The VA examiner concluded that these conditions are not related to military service.

The Veteran's appeal is being remanded for additional development of his VA and private treatment records, as well as SSA disability benefits file. The claim will be reconsidered after these records are obtained.

The Board has remanded the case for further development due to inconsistencies in medical opinions and need for additional records.

The Board found no basis to grant a rating higher than 10 percent for the Veteran's low back disability, degenerative joint disease of the lumbar spine.

The Veteran has withdrawn his appeals for reopening the low back disability claim and for an increased rating for PTSD.

The Board has determined that the evidence submitted by the Veteran is not new and material to establish service connection for Degenerative Disc Disease (DDD) of the lumbar spine, thus denying the reopening of his claim.

The Board has remanded the case for additional development and due process concerns, including obtaining medical records and arranging for a VA examination.

The veteran's disabilities do not meet the criteria for special monthly pension based on aid and attendance or being housebound.

The Board has remanded the case for additional development, including obtaining VA treatment records and scheduling a VA examination to determine if the Veteran's current back disability is related to service.

The Veteran's appeal is being remanded for additional VA examinations to assess the severity of his service-connected back disability, hip disabilities, and adjustment disorder. The Veteran also raised new claims regarding right knee and foot disabilities secondary to his hip disabilities.

The Veteran's appeal is remanded due to the need for a VA examination and additional treatment records. The issue of entitlement to higher ratings for his back condition with radiculopathy will be reconsidered under both old and revised regulations.