Back / lumbar spine decisions — 2009

The Board found that the Veteran's hypertension, degenerative arthritis of the lumbar spine, and left hip disorder were not incurred or aggravated by active duty service. The claims for secondary service connection due to a service-connected left ankle disability were also denied.

The Board has remanded the case for further examination and medical opinion to determine if the Veteran's current back disabilities are related to service, particularly his claimed injury in 1944. The Veteran is seeking service connection for a low back disability.

The Board found no evidence of current service-connected disabilities for the Veteran's back, right knee, or right leg conditions. The VA examinations and medical records did not support a link between any diagnosed conditions and his military service.

The Board denied the Veteran's claims to reopen his service connection for back and left knee disabilities, finding no new and material evidence.

The Veteran's claim for a TDIU is being remanded due to the need for clarification of his employment status and additional development, including a VA examination.

The Veteran's claim for an effective date prior to December 21, 2006 for the award of service connection for various disabilities was denied as there is no evidence that a formal application was received within one year of his informal claim.

The Board finds that the Veteran's back disorder, diagnosed as lumbar degenerative arthritis, was incurred in active military service and grants service connection for this condition.

The Board has remanded the case for additional development, including obtaining Social Security Administration records and arranging for VA examinations to assess the Veteran's bilateral hearing loss and low back disability.

The Veteran's increased rating claims for degenerative disc disease with osteophyte formation lumbosacral spine and radiculopathy of the right lower extremity were denied. The TDIU claim was also denied.

The Veteran's claim for service connection for a back disorder is being remanded due to the need for further development, including obtaining additional medical evidence and possibly contacting U.S. Army and Joint Services Records Research Center (JSRRC) records.

The Board finds that the Veteran's degenerative disc disease of the lumbar spine with radiculopathy is etiologically related to his in-service injury, and grants service connection for this condition.

The Veteran's lumbosacral strain was previously rated at 10% and increased to 20% effective September 30, 2002. The current rating is appropriate based on the evidence showing forward flexion of the thoracolumbar spine not greater than 60 degrees.

The Board has remanded the Veteran's claims for service connection for bilateral knee and back conditions due to a lack of examination. The case will be returned for further development.

The Veteran's initial claim for a higher rating for his lumbar spine disability was denied. The RO assigned a 10 percent evaluation effective from the date of service discharge, and later increased it to 20 percent as of August 2, 2007.

The Board found that the Veteran's current lumbar spine disability and acquired psychiatric disability (PTSD) were not incurred or related to her period of active military service. The claim for PTSD was granted as it is presumed to have been incurred due to a personal assault, but the service connection for the lumbar spine disability was denied.

The Veteran's claims for an increased disability rating and TDIU were denied. The Board found that the evidence did not support a higher rating for his service-connected lumbar spine disability, and there was no evidence showing he could not secure or follow substantially gainful employment due to his service-connected condition alone.

The Veteran's service-connected lumbosacral strain, paravertebral myositis, and spondylosis disability is currently rated as 40 percent disabling. The Board found that the evidence does not support a finding of greater functional impairment due to pain on use or ankylosis, and thus denied his claim for an increased evaluation.

The Veteran's claim for an effective date earlier than December 17, 2001 for service connection of lumbar spine degenerative disc disease was denied. The appeal to increase the initial rating from 20% to a higher evaluation was also denied.

The Board has remanded the case due to scheduling issues and the need for a statement of the case on the initial rating decision for bilateral pes planus.

The Veteran's claim is being remanded for additional development, including obtaining medical records and scheduling a new examination to assess his lower back disability.