Back / lumbar spine decisions — 2009

The Board has determined that an examination and medical nexus opinion are necessary to properly resolve the claim of service connection for a lower back disability.

The Board has determined that the Veteran's claimed thoracolumbar spine, left hip, and left knee disabilities are not service-connected due to lack of evidence showing a nexus between these conditions and his military service.

The Board has determined that the Veteran's low back disability is not related to his military service and thus, denied his claim for service connection.

The Veteran's low back disability is currently rated at 10 percent, but the Board has determined that a higher 20 percent rating is warranted based on her symptoms and examination findings.

The Board denied the Veteran's claim for an increased rating for his service-connected lumbar spine disability, currently rated at 40 percent.

The Veteran's service-connected disabilities have been granted and rated at the lowest possible level, with no additional compensation awarded.

The Veteran's service-connected right knee DJD and lumbar disc disease at L4-L5 are currently evaluated as 10 percent disabling. The Veteran is granted higher evaluations for her right knee subluxation and lumbar disc disease, with the latter being effective from December 3, 2008.

The Board denied the Veteran's claims for service connection for PTSD and a back disability, finding that there was no evidence of an in-service stressor for PTSD or any link between the current disabilities and service.

The Board denied the Veteran's claims for service connection for residuals of low back and neck injuries, as well as his claim for prostate cancer. The Board found no evidence linking these conditions to his military service.

The Veteran's appeal is being remanded for a hearing before a Veterans Law Judge at the RO.

The Veteran's gastrointestinal complaints, bilateral hearing loss, and lumbar spine disability are found to be related to his service. The Board granted the Veteran's claims for these conditions.

The Veteran's depressive disorder is found to be proximately due to his service-connected bilateral knee disorder, and thus granted as secondary service connection.

The Veteran's service-connected disabilities render him physically helpless in the performance of daily activities and in protecting himself from everyday hazards, warranting special monthly compensation based on aid and attendance.

The Veteran's claim for an increased rating for his lumbosacral strain was denied, as the disability did not warrant a higher evaluation.

The Veteran's claim is being remanded to determine if he is entitled to separate ratings for any neurological abnormalities in either lower extremity associated with his low back disability due to intervertebral disc syndrome (IVDS).

The Board has determined that the submitted evidence is not new and material, thus denying the reopening of the claim for service connection for a chronic low back disability.

The Veteran's claim for an increased rating for lumbosacral strain with sciatica was denied. The claim to reopen the service connection for arteriosclerotic cardiovascular disease with myocardial infarction was also denied, as new and material evidence had not been received since a previous denial in 1988. The Veteran's claim for service connection for basal cell carcinoma was denied.

The Board found no current diagnosis of a bilateral shoulder disorder or thoracolumbar spine disorder and denied service connection for these conditions.

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

The Veteran's intervertebral disc syndrome of the lumbar spine was granted service connection, and his low back disability is rated at 20 percent. The decision also addressed whether including intervertebral disc disease as part of the service-connected disability in the November 1995 rating decision constituted clear and unmistakable error (CUE).