Back / lumbar spine decisions — 2009

The Board found that the Veteran's current low back disorder is not etiologically related to her service, specifically noting no evidence of chronic disability during or after service.

The Board has determined that additional development is needed to obtain all relevant medical records and clarify the Veteran's in-service and post-service treatment. The claims will be readjudicated after this development.

The Board finds that the Veteran's pre-existing bilateral pes planus was aggravated by service, and thus grants service connection for this condition. For his low back disorder, there is no evidence of a disease or injury in service, and the current disability is not shown to be related to service.

The Board has remanded the case due to inadequate examination and opinion regarding the relationship between the Veteran's low back disability and service. The claim will be reconsidered after a new VA examination.

The Board has granted service connection for a low back disability. The Veteran's other claims of entitlement to service connection for various disabilities are addressed in the REMAND portion of this decision.

The Board found that the Veteran's low back disorder existed prior to service and was not aggravated by service, thus denying his claim for service connection.

The Board denied service connection for the Veteran's claimed conditions, including degenerative disc disease of the lumbar spine, nervous stomach disorder, dizziness, nausea and vertigo, sinusitis, and an acquired psychiatric disorder. The claims were found to lack new and material evidence.

The Veteran's claim for an evaluation in excess of 20 percent for his L1 posttraumatic degenerative joint disease and thoracolumbar strain is being remanded due to the need for a personal hearing before the RO.

The Veteran's appeal is being remanded for additional development, including a new VA examination to assess the severity of his service-connected back and hip disabilities.

The Veteran has withdrawn his appeals for the issues of entitlement to a compensable initial rating for erectile dysfunction, service connection for hypoglycemia, and service connection for costochondritis. As such, these issues are dismissed.

The Veteran is seeking service connection for a current low back disability that he believes is related to an injury during service in May 1944. The Board has determined that further examination and opinion are needed to determine if the current low back disability is causally related to service.

The Board found that the Veteran's current bilateral hearing loss and tinnitus are not related to service, but his ear disease (claimed as ear infections) is not supported by evidence of a chronic condition. The low back disorder was also not shown to be related to service.

The Veteran's claim for a rating in excess of 40 percent for his lumbar spine disability was denied. The current evaluation is 40 percent, effective January 5, 2006.

The Board has determined that the Veteran's current back disability, including arthritis of the lumbosacral spine, is presumed to have been incurred during service due to radiographic evidence of arthritis within one year of service.

The Board has reopened the Veteran's claim for service connection for a back disability due to new and material evidence submitted since the last final denial. The issue now goes to determining if this condition is related to his military service.

The Veteran's service-connected low back disability is currently rated at 10 percent, and the Board finds that it does not meet the criteria for a higher rating.

The Veteran's death was not due to a service-connected disability, and he did not meet the criteria for DIC benefits under Section 1318.

The Veteran's appeal is being remanded for additional development of his claims, including obtaining medical records and scheduling a VA examination.

The appeal has been withdrawn by the appellant.

The Board is remanding the case to clarify a previous VA examination's opinion on whether the Veteran's current cervical spine disability is related to her active duty service.