Back / lumbar spine decisions — 2009

The Board has determined that the Veteran's claim to reopen his service connection for a low back disorder is denied as new and material evidence was not received.

The Veteran's initial rating for postoperative incisional hernia is denied as the evidence does not show that his hernia has reached a level requiring an evaluation in excess of 20 percent. The claim for service connection for degenerative disc disease (DDD) of the lumbar spine secondary to service-connected shell fragment wound of the abdomen with laceration of the liver with retained foreign body is denied as there is no evidence that his DDD is caused or aggravated by a service-connected disability.

The Veteran's service-connected disabilities meet the percentage rating standards for TDIU and his claim is granted. The effective date of this decision is June 20, 2006.

The Board denied the Veteran's claims for service connection for spinal stenosis, lumbar region; osteoarthritis, feet and joints; cardiomyopathy and hypertension; and idiopathic angioedema. The evidence did not establish a relationship between these conditions and service.

The Board has remanded the case for further development and review of the issues related to service connection, including prostate cancer, low back disorder, herpes, and chronic obstructive pulmonary disease. The effective date for the grant of service connection for prostate cancer is being reviewed.

The Board has determined that a VA examination is needed to determine the etiology of any back disorder found and whether it is due to or aggravated by her service-connected left ankle disorder. The Veteran's claim for service connection will be remanded.

The Board found that the Veteran's back disability with left leg radiculopathy was not incurred or aggravated by service and denied his claim.

The Veteran's claim for service connection for a low back disorder is being remanded due to the need for additional development, including obtaining medical records and scheduling an examination.

The Veteran's low back disability is currently rated at 20 percent, the highest available rating under current criteria. The Board finds that his symptoms do not meet or approximate the criteria for a higher initial rating.

The Veteran is seeking service connection for lumbosacral strain as secondary to her service-connected left patellofemoral syndrome. The Board has determined that further development of the clinical evidence, including VA outpatient records and physical therapy records, is necessary before a decision can be made.

The Veteran's claim for an initial evaluation in excess of 20 percent disabling for degenerative changes of the lumbar spine is being remanded due to incomplete records and need for further examination.

The Board has reopened the Veteran's claim for service connection for low back condition due to new and material evidence. However, it was not established that his current low back disability is related to his military service.

The Veteran's claim for an initial rating greater than 20 percent for degenerative disc disease (DDD) of the thoracolumbar spine is being remanded due to inadequate examination and need for updated medical records.

The Board denied the veteran's claims for increased evaluation of nonalcoholic steatohepatitis and service connection for bilateral shoulder disorder and back disorder. The decision found that NASH did not meet criteria for a compensable evaluation, while service connection was denied due to lack of evidence linking current shoulder or back disorders to military service.

The Board found that the Veteran's low back disability and lung disorder were not incurred in or aggravated by service, as there was no evidence of such conditions during service or for many years thereafter. The current disabilities are more likely related to aging and family issues.

The Veteran's appeal is being remanded for additional development, including obtaining Social Security Administration records and providing the Veteran with VCAA notice. The case will be returned to the Board after these actions are completed.

The Board found that the Veteran does not have any current residuals of his in-service hepatitis A and denied all claims for service connection. The Board also noted that there was no indication of a chronic low back disorder or stomach disorder on separation examinations, and thus denied those claims.

The Veteran's claims for service connection for various conditions have been denied as there is no evidence of a nexus between her current disabilities and active military service.

The Veteran's service-connected disabilities do not prevent him from obtaining and maintaining substantially gainful employment.

The Board has remanded the Veteran's claims due to lack of response and updated address information, and requests for additional treatment records and VA examinations.