Back / lumbar spine decisions — 2009

The Veteran's claim for service connection for a back condition secondary to his service-connected right lower leg disability is being remanded due to inadequate opinions and the need for further examination.

The Board found that the Veteran's back disorder was not incurred in or aggravated by service and may not be presumed to have been incurred or aggravated therein.

The Veteran's initial higher rating for degenerative disc disease of the cervical spine is granted, with a current disability rating of 20 percent effective February 29, 2008. The issue of service connection for allergies remains pending.

The Board denied the appellant's petition to reopen his claim for service connection for back and neck disabilities, finding no current diagnosed disability related to service.

The Board has determined that the Veteran's claimed conditions, including a headache disorder, back disorder, and psychiatric disorder, are not related to military service. As such, service connection for these conditions is denied.

The Veteran's claim for a higher disability rating for his service-connected chronic muscular strain superimposed on degenerative disc disease, lumbar spine is being remanded due to the need for another VA examination.

The Board has denied the Veteran's claim of service connection for a lower back disability, finding that there is no clear and unmistakable evidence to rebut the presumption of soundness at entry into service. The Board also found insufficient evidence to establish direct service connection.

The Board has remanded the Veteran's claims for hypertension and increased rating for cervical spine disability due to additional development being necessary.

The Board has determined that new and material evidence has not been submitted to reopen any of the Veteran's service connection claims for residuals of a left shoulder injury, low back disorder, or hamstring disorder. The appeals are therefore denied.

The Veteran's service-connected left knee and thoracolumbar spine disabilities have been rated based on their current manifestations. The appeals for increased ratings are denied as the evidence does not support a higher rating under the applicable diagnostic codes.

The Veteran's claim for an initial evaluation in excess of 20 percent for the service-connected degenerative joint disease (DJD) of the lumbar spine with dextroscoliosis was denied by the Board. The evidence did not show forward flexion limited to 30 degrees or less, nor did it demonstrate muscle spasm, guarding severe enough to result in an abnormal gait or spinal contour such as scoliosis, reversed lordosis, or abnormal kyphosis.

The Veteran's lumbar spine retrolisthesis and left knee torn medial retinaculum with patellar subluxation are currently rated at 10 percent, but the Board finds that these conditions do not warrant a higher rating.

The Board has reopened the claim for service connection for a back disability due to new and material evidence submitted since the March 1998 rating decision.,However, the Veteran's PTSD is not productive of more than occupational and social impairment with occasional decrease in work efficiency and intermittent periods of inability to perform occupational tasks.

The Board has determined that the Veteran's lumbar spine disorder and bullet wound, sphenoid sinus cavity with retained foreign body are not service-connected due to lack of evidence showing a direct link between these conditions and service.

The Board has dismissed the appeal concerning entitlement to service connection for a low back disability due to withdrawal by the Veteran. The claim of service connection for PTSD remains pending.

The Veteran's claim for higher evaluations for his lumbar degenerative disc disease and spinal stenosis is being remanded due to the need to schedule a hearing.

The Board has remanded the case for additional development, including obtaining medical records and scheduling a videoconference hearing.

The Board has determined that the Veteran's service-connected lumbar spine disability does not warrant a higher disability rating than the currently-assigned 40 percent.

The Board has determined that the Veteran's claimed conditions are not related to his active service and have denied all claims for service connection.

The Veteran's claim for service connection for a right kidney disorder was denied. The Board found that the right kidney disorder, which is presumed to be due to exposure to herbicides during service in Vietnam, was not caused by his service and is therefore not service-connected.