Back / lumbar spine decisions — 2009

The Veteran's low back strain, bilateral knee arthritis, and bilateral hip arthritis are all found to be related to service. The lung disorder is not established.

The Board found that the Veteran's low back disorder was not incurred in or aggravated by active service and denied his claim.

The Veteran's appeal was dismissed due to his death.

The Veteran's low back disability is currently rated at 40 percent disabling, which reflects the functional limitation of less than 30 degrees of forward flexion. The Board finds that this rating adequately describes his disability picture and symptomatology.

The Veteran's claims for service connection for PTSD, GERD (secondary to PTSD), bilateral hearing loss, and tinnitus are all granted. However, the Veteran's claim for service connection for lumbar spine disability is denied as there is no evidence of a chronic condition during or within one year after service.

The Veteran's appeal has been withdrawn prior to the Board making a decision.

The Veteran's claim for service connection for degenerative disc disease of the lumbar spine is being remanded due to the need for a VA examination and proper VCAA notice.

The Veteran's mechanical low back pain is currently rated at 20 percent, which is the maximum schedular rating available under VA regulations. The issues regarding radiculopathy of the left lower extremity have been addressed and are denied.

The Board denied service connection for a back disorder and a right shoulder disorder, finding that the Veteran's current disorders are not related to his military service.

The Veteran's claim for service connection for hepatitis C was denied as there is no evidence of its occurrence during service or due to a service-connected disability. The issue of entitlement to special home adaptation grant has also been denied.

The Veteran's claims for higher ratings on appeal have been denied. The initial schedular rating for DDD of the lumbar spine remains at 20 percent, and the initial schedular rating for PTSD remains at 50 percent.

The Board found no evidence of a chronic back disorder in service or within one year after discharge, and the only medical opinion to address the etiology of current back disability weighed against the claim. The Veteran's assertions were not considered probative.

The Board has reopened the Veteran's claim of service connection for residuals of a low back injury due to new and material evidence. However, the claim remains denied as there is no competent medical evidence linking the current low back disorder to service.

The Veteran's appeal is being remanded for further action due to the need for additional VA examinations and consideration of her claims.

The Veteran does not have any of the claimed conditions attributable to his period of military service.

The Board has determined that the Veteran's lumbar spine disability was incurred during his period of active service and is therefore granted service connection.

The Board denied the appellant's request for a waiver of overpayment, finding that recovery would not be against equity and good conscience due to the appellant's fault in creating the debt.

The Board has determined that the Veteran's low back disorder, to include degenerative disc disease of the lumbosacral spine, was not incurred in or aggravated by service. The claim for an acquired psychiatric disorder, specifically PTSD, is pending and requires further development.

The Board has remanded the case due to a lack of service treatment records and insufficient evidence to make a decision on the claims. The appellant's current back disorder and bilateral hip disorder are being evaluated, along with their relationship to his active duty service.

The Board has determined that the Veteran's current low back disability, diagnosed as chronic lumbosacral strain, lumbar arthritis, scoliosis, or degenerative disc disease, is not service-connected due to lack of evidence showing a link between his active military service and his current condition.