Back / lumbar spine decisions — 2009

The Board found that the Veteran's service-connected low back disability alone renders him unable to work or obtain and retain substantially gainful employment, resolving reasonable doubt in his favor.

The Board has reopened the Veteran's claims for service connection for a low back disability and bilateral pes planus, but denied both claims on their merits.

The Board denied the Veteran's claim for service connection of a low back disorder, finding that new and material evidence had not been submitted sufficient to reopen this claim.

The Veteran seeks service connection for hip and lumbar spine disabilities, claimed as secondary to his service-connected postoperative residuals of arthrotomy of the right knee with osteoarthritis. The case is being remanded for additional development.

The Board has remanded this case to the RO (via the AMC) to schedule a videoconference hearing for the Veteran on whether new and material evidence has been received to reopen service connection for his claimed back disorder.

The Board has remanded the case for additional development, including consideration of Social Security Administration (SSA) records and reconsideration of the Veteran's claims for service connection as due to undiagnosed illness.

The Board has determined that the Veteran does not have a currently diagnosed psychiatric disability or bilateral foot disability, and therefore denied these claims. The remaining issues of service connection for lumbar spine, cervical spine, bilateral knee, and skin disabilities are also denied.

The Board has determined that the Veteran's degenerative joint disease of the lumbar spine is related to his service, and therefore grants service connection for this condition.

The Board denied the Veteran's claims for service connection for right shoulder separation and degenerative disc disease of the lumbar spine, finding that new and material evidence was not submitted to reopen his previously denied claims.

The Veteran's claims for increased ratings for his service-connected left knee disabilities were denied. The Veteran was not granted any higher initial or staged ratings.

The Board has reopened the previously denied claims for service connection for an acquired psychiatric condition and a left elbow condition. Additional VA examinations are required to determine the nature, extent, and etiology of these conditions.

The Board has granted service connection for a lumbar spine disorder as secondary to the Veteran's service-connected total arthroplasty of the right knee. The initial disability ratings for bursitis of the right and left hips remain unchanged.

The Board has granted the Veteran's application to reopen his claim for service connection for a low back disorder and has determined that new and material evidence has been received. The Veteran is now entitled to an increased rating of 20 percent for diabetes mellitus with erectile dysfunction.

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

The Veteran's diabetes mellitus is presumed to have been incurred in service due to exposure to Agent Orange. Service connection for the other conditions listed, including back disability and residuals of a left eye disability, is denied.

The Veteran's DJD, lumbar spine, is rated at 40 percent since October 9, 2007. The left and right sciatic nerve disabilities are each rated at 10 percent effective May 13, 2006.

The Board has determined that the Veteran's low back disability is related to his military service and granted service connection for it. The current rating of 0% reflects this new finding.

The Board has remanded the case due to issues raised by the appellant's representative regarding secondary service connection and incomplete records. The Veteran's low back disability is being reviewed for possible service connection.

The Veteran's service-connected disabilities (lumbar spine degenerative joint disease, tinnitus, and depression) are rated at 30 percent combined. The evidence does not show that these conditions preclude him from participating in any regular substantially gainful employment.

The Veteran's appeal of the right knee disability claim has been withdrawn. The lumbar spine disability issue is being remanded for further development.