Back / lumbar spine decisions — 2009

The Veteran's claims for service connection for lumbar strain and degenerative disc disease of the cervical spine are being remanded due to insufficient medical evidence linking these conditions to his military service.

The Board has remanded the case due to issues of service connection for various conditions, including right knee disability, left knee disability as secondary to right knee disability, sleep disorder, depression, and low back disability. The appellant's active duty status is unclear and needs further verification.

The VA has determined that the Veteran's lumbar degenerative disc disease does not warrant an evaluation in excess of 20 percent, as his disability does not meet the criteria for a higher rating based on symptoms such as pain or stiffness. The current 20 percent rating adequately reflects the severity and impact of his condition.

The Veteran's service-connected disabilities, including a herniated disc laminectomy and major depressive disorder, make it impossible for him to secure or follow substantially gainful employment.

The Veteran's claims for service connection and increased evaluations have been granted. Effective dates are assigned based on the date of receipt of his claims.

The Veteran's back disorder did not manifest during service and is not considered secondary to his service-connected bilateral pes planus. The evidence does not support a finding of a current disability.

The Board has remanded the Veteran's claims for additional development due to unclear connection between his current disabilities and service.

The Veteran withdrew his appeals for the issues of service connection for hemorrhoids, heart murmur, rickets, depression, degenerative disc disease and degenerative joint disease, anosmia, and ageusia.

The Board has determined that the Veteran's lumbar spine disability was incurred or aggravated during his active service, and thus grants service connection for this condition.

The Veteran's claims for psychiatric, stomach, and back disabilities were denied as they did not meet the criteria for service connection. The rating decisions are final.

The Board has denied the Veteran's request to reopen his claim for service connection for a back disability, finding that no new and material evidence has been received.

The Board has determined that the Veteran's eye disability and back disability did not manifest during service or are related to service. Therefore, these claims for service connection have been denied.

The Board has remanded the case due to missing service records and incomplete medical evidence. The Veteran's mental health condition and spine disabilities are being evaluated further.

The Board determined that new and material evidence had not been received to reopen the claim of service connection for lumbar disc disease with dorsolateral intertransverse fusion of L4-S1.

The Board has determined that the Veteran's bilateral knee conditions are not service connected, but his lower extremity radiculopathy is related to a service-connected disability.

The Board has determined that the Veteran's current low back and acquired psychiatric disabilities are related to service, granting service connection for both conditions.

The Veteran's service-connected cardiovascular disability is rated at 30 percent, low back disability at 20 percent, and right peroneal nerve paresthesia associated with the low back disability at 10 percent. The appeals for higher ratings are denied.

The Veteran's lung disorder was diagnosed in 1996 and he died from an unknown primary cancer shortly after. The Board has granted service connection for the lung disorder, finding that it is related to a collapsed lung he experienced during service.

The Veteran's back disorder is not service-connected as it did not manifest within one year of separation from service and is not proximately due to or the result of his service-connected left leg disorder.,The Veteran's hypertension was not service-connected as it did not manifest within one year of separation from service and is not proximately due to or the result of his service-connected edema.

The Board denied all claims for increased ratings, finding that the residuals of shell fragment wounds do not warrant evaluations in excess of 20 percent for lumbar paraspinal muscles and spondylosis of L5-S1 with scar, 20 percent for left buttocks with scar, 10 percent for right thigh muscle group XIV with lateral femoral cutaneous nerve injury and scar, or 10 percent for lower right leg. The Board also denied a separate compensable evaluation for the scar due to shell fragment wound to the right lower leg.