Back / lumbar spine decisions — 2009

The Board has denied the Veteran's request to reopen his claims for service connection for a lumbar spine disability and an eye disability, finding that new and material evidence was not provided in either case.

The Veteran's lumbar spine disorder and bilateral hearing loss have been granted service connection. His increased rating for left thoracic empyema status post decortication and pleurectomy is also granted.

The Veteran's appeal is being remanded for further development, including obtaining VA treatment records and scheduling a VA examination to assess the severity of his lumbar spine disability.

The Board has ordered additional development due to the need for updated medical opinions regarding the Veteran's claimed disabilities, including back disability, hip disability, and headaches. The case will be returned after completion of this development.

The Veteran's appeal is being remanded to the RO for scheduling a travel board hearing at the Lincoln, Nebraska, Regional Office. The case will be returned to the Board after the hearing.

The Veteran's claims for increased ratings and service connection were denied. The initial rating for fibromyalgia, bilateral hip pain, and IBS was upheld at 40 percent.

The Board found no evidence of a chronic cervical spine or lumbar spine disorder during service and denied the Veteran's claims for service connection.

The Board found that the appellant's low back disability, diagnosed as thoracolumbar and lumbosacral mechanical pain with kyphoscoliosis, does not meet or approximate the criteria for a rating higher than 10 percent under the applicable VA Schedule for Rating Disabilities.

The Veteran's initial ratings for cervical spine and right clavicle disabilities were granted, with the cervical spine rated at 20 percent and the right clavicle disabilities each rated at noncompensable (zero percent) initially. The brachial plexus injury was not found to warrant a compensable rating.

The Board is remanding the case to obtain Social Security Administration (SSA) disability benefits records and for further development.

The Veteran's service-connected bilateral ankle, knee, low back strain and left sacroiliac joint strain disabilities have been granted initial disability ratings.

The Board has remanded the case for additional development, including obtaining SSA records and a medical opinion regarding the etiology of any current back condition.

The Board has determined that the Veteran's cervical spine, lumbar spine, bilateral knee, and fractured nose disabilities are service-connected as their onset is believed to have occurred during his military service.

The Veteran's claim for an increased rating for her service-connected low back condition was granted, with a 10 percent rating effective February 17, 2006. Service connection claims for left foot, right hip, and right knee disorders were also addressed but are being remanded.

The VA has granted a 60 percent disability rating for the appellant's service-connected degenerative disc disease of the lumbar spine with sciatica and right lower extremity radiculopathy, effective January 30, 2006.

The Veteran's back disorder, heart disorder (to include hypertension), and tuberculosis were not incurred or aggravated by military service. The Board found that the Veteran's preexisting conditions existed prior to his entry into service and did not undergo a permanent increase in severity during service.

The Veteran's low back disability is manifested by pain and limited forward flexion, but no objective neurologic impairment or dysfunction. The Board denied an increased rating higher than 20 percent.

The Board has granted service connection for hypertension and found that it is aggravated by the Veteran's service-connected major depression without psychotic features. The low back disorder was not incurred or aggravated during service nor is it proximately due to or the result of the service-connected right total knee replacement.

The Board denied the Veteran's claims for service connection for PTSD, depression, glaucoma, lumbar degenerative joint disease, left shoulder disorder, neck disorder, and chest pain due to a sternum injury as chronic disabilities resulting from an undiagnosed illness. The claims were remanded on the theory of direct service connection.

The Board denied the Veteran's claims for service connection for low back, right shoulder, and right ankle disabilities due to lack of new and material evidence.