Back / lumbar spine decisions — 2009

The Board denied the Veteran's claims for service connection for various conditions, including a heart disability and back disability. The appeals were all denied as new and material evidence was not received to reopen the previously denied claims.

The Veteran's back disability was rated at 20% from July 19, 1999 to July 8, 2008 and at 40% since July 9, 2008. The current rating of 40% is denied as the evidence does not meet the criteria for a higher rating under any applicable diagnostic codes.

The Board denied the Veteran's increased rating claim for lumbosacral strain, maintaining his current 10 percent disability rating. The issue was that the Veteran's condition did not warrant a higher evaluation based on the evidence provided.

The VA determined that the Veteran's cervical spine disability does not meet or approximate the criteria for a compensable rating under any applicable diagnostic code.

The Veteran's claim for service connection for bulging disks of the lumbar spine is granted. The case is remanded to determine if she currently suffers from a chronic thoracic spine disability, including arthritis.

The Board has remanded the case for further development, including a VA examination to determine if the Veteran's current low back and right leg injuries are related to service.

The Veteran's right and left knee strains are service connected, with the thoracolumbar strain also being granted.,Service connection for the right and left knee strains is established. However, an initial rating higher than 10 percent for the thoracolumbar strain is denied.

The Board has remanded the case to obtain additional evidence and develop the record, including seeking service treatment records, medical records from the appellant's former employer, Social Security Administration records, and Kent County Memorial Hospital records. The examiner will assess whether any current back disorder preexisted service or originated in service.

The Veteran's tuberculosis and L1 fracture of the lumbar spine claims are remanded for further development, including obtaining SSA records and a VA examination.

The Board has denied the Veteran's request to reopen his claim for service connection for a back disability, finding that new and material evidence was not submitted.

The Board found that the Veteran's chronic low back disorder was not incurred in or aggravated by active service and denied his claim for service connection. The TDIU claim was also denied as there is no evidence showing he is unable to obtain and maintain substantially gainful employment due solely to his service-connected gastritis.

The Veteran's claims for increased disability ratings for residuals of a fracture of the left distal fibula, right sacroiliitis, and left sacroiliitis were denied.,For degenerative arthritis of the lumbar spine, the Veteran was granted an initial rating of 10 percent from September 17, 2003 through March 2, 2008. A higher rating is not warranted for this condition during any period on appeal.

The Board has remanded the case for further development due to a request for a video-conference hearing. The Veteran's claim of service connection for a back disability is pending.

The Board has determined that a remand is necessary to obtain a medical opinion regarding the relationship between the Veteran's current degenerative disc disease and his military service, specifically noting back pain and an incident where he fell out of a truck during active duty.

The Veteran's service-connected disabilities do not meet the criteria for vocational rehabilitation training under Chapter 31, Title 38, United States Code.

The Board has ordered a remand due to the need for additional development regarding whether the Veteran's current back disability is caused or aggravated by his service-connected plantar warts.

The VA determined that the Veteran's back disorder and arthritis were not incurred in or aggravated by service, nor could they be presumed to have been incurred within one year of separation from service.

The Veteran's claim for special monthly pension (SMP) on account of being in need of the aid and attendance of another person was denied as he is not service-connected for any disability, and his nonservice-connected disabilities do not meet the criteria for regular aid and attendance.

The Veteran's service-connected disabilities do not meet the criteria for a total disability evaluation based on individual unemployability.

The Board found that the Veteran's current low back disorder is not related to his military service and denied his claim for service connection.