Back / lumbar spine decisions — 2009

The Veteran's service-connected disabilities do not meet the criteria for a TDIU as his combined disability rating is 40 percent, and he can perform sedentary employment.

The Board has granted service connection for a back disorder.

The Board denied the Veteran's claims for service connection for bilateral hearing loss, back disorder, left leg disability of Muscle Group XII, PTSD, and diabetes mellitus. The issues were not resolved in favor of the Veteran.

The Board found that the Veteran's medical condition was emergent at the time he sought private medical attention, and that VA treatment was not feasibly available to him. Therefore, the Veteran's claim for reimbursement of unauthorized medical expenses incurred on August 23, 2008, is granted.

The Board found that a lumbar spine disorder was not incurred in or aggravated by service, arthritis may not be presumed to have been incurred in or aggravated by service, and the Veteran's lumbar spine disorder is not due to, the result of, or aggravated by his service-connected left hip or knee disabilities.

The Board found that the appellant's current right knee, cervical spine, and lumbar spine disorders are not related to his active duty for training service. The preexisting conditions were not aggravated during service.

The Board denied the Veteran's claims for service connection for hepatitis C and degenerative disc disease of the lumbar spine, finding that there was no evidence to support a link between these conditions and his military service.

The Board found no evidence of a back disability during service and denied the claim for service connection.

The Board has remanded the case for further development, including a new VA examination to determine if the Veteran's service-connected right ankle disorder caused or aggravated his low back disorder.

The Veteran's service connection claims for a skin disorder and lumbar spine disability were denied. The Board found no current clinical diagnosis of the claimed conditions, and there was insufficient evidence to establish service connection based on exposure to herbicide agents or other presumptive theories.

Service connection is granted for PTSD.,Service connection is denied for a low back disorder and left leg disorder as these conditions are not shown to be related to service.,

The Veteran's claim for an increased rating for low back strain and the reopening of his right hip disability claim were denied. The effective date for service connection for PTSD was granted as December 14, 1990.

The Board has determined that the appellant's current low back disability is the result of an injury during his time on Active Duty for Training (ACDUTRA) in August 1999.

The Veteran's degenerative joint disease of the lumbar spine at L5-S1 was not productive of any compensable symptoms and therefore, an initial noncompensable evaluation has been denied.

The Veteran's claims for increased ratings were denied. The Board found that the Veteran's disability of residuals of lumbosacral nerve root injury with radiculopathy and history of RSD did not warrant a rating in excess of 40 percent, while his disability of residuals of pelvic fracture and separation of symphysis pubis with low back pain warranted ratings in excess of 10 percent prior to January 16, 2004, and in excess of 40 percent thereafter.

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

The Veteran's service-connected herniated lumbar disc with left radiculopathy is currently rated at 10 percent, but the Board finds that this rating is not warranted based on his current symptoms.

The Board has determined that there is no evidence to support the Veteran's claims for service connection for residuals of left Achilles injury and residuals of lumbar spine injury, as the preponderance of the evidence shows no relationship between these disabilities and his military service.

The Veteran's appeal is being remanded for additional development, including obtaining service treatment records and attempting to verify a claimed stressor. A VA examination will also be conducted to determine the nature and etiology of any current psychiatric or low back disabilities.

The Veteran's back disorder was not incurred in or aggravated by service, and arthritis of the spine may not be presumed to have been so incurred. The Veteran's prostate cancer is not shown to be related to his military service.