Back / lumbar spine decisions — 2009

The Veteran's additional low back disability is not service-connected under 38 U.S.C.A. § 1151 because it was coincidental to his residence at a VA domiciliary and not caused by hospital care, medical or surgical treatment provided by VA.

The Board has reopened the Veteran's previously denied claims for service connection for left knee and low back disorders, but these issues are being REMANDED to obtain additional medical evidence and opinions.

The Veteran's low back disability with a herniated disc was evaluated as 10 percent disabling from February 21, 2003 to March 31, 2006. The VA examiner found slight limitation of motion and no evidence of muscle spasms or sensory/motor defects.

The Board denied the Veteran's claims for service connection for a cervical spine condition, lumbar spine condition, right hand condition, and psychiatric disorder. The claim for a compensable evaluation for laceration scars of the left hand was not addressed in this decision.

The Board has denied the appellant's claims for service connection of PTSD, a low back disability, and a GI disability. The claim for an initial rating in excess of 10% for migraine headaches was granted with a 10% rating.

The Veteran's claims for service connection for a back condition, a respiratory disorder and allergies are being remanded due to the need for additional medical examination and opinion.

The Veteran's low back disability, status post-laminectomy, is currently rated at 20 percent and the Board finds that it does not meet the criteria for a higher rating under the applicable VA rating criteria.

The Board has denied the Veteran's claims for service connection for radicular pain, left and right lower extremities, degenerative disc disease of the cervical spine, peripheral neuropathy in both upper extremities, and fibromyalgia. The TDIU claim is also denied.

The Board has reopened the Veteran's claims of service connection for low back and right hip conditions due to new evidence submitted. The Veteran's current disabilities are found to be related to his in-service airplane crash.

The Veteran's claim for an increased rating for his service-connected degenerative disc disease of the lumbar spine is being remanded due to the need for a new VA examination and consideration of additional medical records.

The Veteran's claims for increased ratings and service connection were denied. The low back strain and left knee conditions are currently rated at 20% and 10%, respectively, while the right knee condition is not related to service-connected left knee disability.

The Veteran's claim for increased evaluation of bilateral pes planus was partially granted, with a 30% rating effective January 5, 2002. The service connection claim for back disorder is pending and may be reopened based on new evidence; however, the Board denied this claim due to lack of causal relationship between the bilateral pes planus and the claimed back disorder.

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

The Board has remanded the case for an examination to determine which symptoms are attributable to the Veteran's service-connected sacro-iliac strain and any other non-service-connected conditions.

The Board has remanded the case for further consideration, including an extraschedular evaluation and a total rating based on individual unemployability.

The Board found no nexus between the Veteran's current lumbar spine disability and service, thus denying his claim for service connection.

The Board determined that the Veteran's back and right leg disabilities were not incurred or aggravated by service, and thus denied his claims.

The Board has determined that the veteran's cervical spine degenerative disc disease is attributable to service. The claims for fatigue and memory loss are granted as they may be due to undiagnosed illnesses incurred during Persian Gulf service.

The Veteran's claim for a higher rating for his low back disability was granted, with the effective date being April 21, 2009. He is now rated at 40 percent for this condition.

The Veteran's claims for increased evaluation of lumbar spine disability, service connection for non-calcified lesions in left lower lung, and service connection for left shoulder pain were denied. The claim for kidney stones was not addressed as it is a separate issue.