Back / lumbar spine decisions — 2010

The Board found that there is no evidence linking the Veteran's current low back disability to his military service, and arthritis of the lumbosacral spine was not shown within one year of discharge. The claim for service connection was therefore denied.

The Board has determined that the Veteran's thoracolumbar strain with degenerative changes and left hip degenerative joint disease were not incurred or aggravated by service, and thus denied both claims.

The Board has denied the Veteran's claims for service connection for low back disorder, PTSD, and posttraumatic fibromyalgia. The decision also addressed issues related to TDIU, NODs regarding denial of service connection for PTSD and fibromyalgia, and CUE in a 1998 rating decision.

The Board has determined that the Veteran's low back disability, diagnosed as spinal stenosis and chronic low back pain, is attributable to service. Additionally, the left hip arthritis is proximately due to or the result of his service-connected low back disability.

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

The Veteran's appeal was withdrawn, and his claims for service connection for stroke residuals; increased disability ratings for a renal disorder, diabetes mellitus, and hypertension; and TDIU are all granted.

The Board has granted service connection for a bilateral antero-medially displaced disc of the TMJ. The low back disorder is currently under consideration as it relates to PTSD and may be secondary to that condition.

The Veteran's claim for service connection for a back disability was denied in November 1995 due to lack of evidence showing the condition was incurred or aggravated by military service. The claim has been reopened, but new and material evidence has not been submitted to substantiate the claim.

The Veteran's claims for higher initial disability ratings for low back strain, hepatitis, bilateral tinea pedis with ingrown toenails, polyneuropathy of the right upper extremity, and polyneuropathy of the left upper extremity have been denied. The RO assigned a 20 percent rating for low back strain effective September 8, 2003, under DC 5292 (prior to September 26, 2003).

The Board found that the Veteran's service-connected conditions did not contribute to his death, and there was no evidence of a service connection for any other significant condition listed on his Certificate of Death.

The Veteran's appeal is being remanded for additional development, including VA examinations and consideration of all relevant evidence.

The Veteran's claim for service connection for residuals of a low back injury is being remanded due to the need for additional development, including obtaining medical records and providing the Veteran with a VA examination.

The Board has decided to remand the case for further development due to inadequate VCAA notice and inconsistencies in the medical opinions provided.

The Board denied service connection for a low back disability and did not find new and material evidence to reopen the skin disability claim.

The Veteran's claim for an earlier effective date for service connection of his lumbosacral discogenic disease status-post laminectomies with fusion for herniated disc and spinal stenosis is denied. The Board finds that the effective date of September 20, 1955 for the grant of service connection is proper as there is no indication he filed a claim prior to this date.

The Board has reopened the Veteran's claim for service connection for back disability based on new and material evidence, including a VA physician's statement that X-rays showed arthritic changes of the low back during service. The Board also found that the Veteran's current low back pain is multifactorial but not dissociated from his in-service injuries.

The Veteran's claim for TDIU was granted effective October 13, 2005, based on his combined service-connected disability rating of 80 percent from that date.

The Board has granted service connection for bipolar disorder and found that the Veteran's current diagnosis of bipolar disorder began during her military service. The claim for low back disability is remanded due to insufficient evidence.

The Board has determined that the Veteran's bilateral hearing loss is service-connected, and his cardiovascular disorder may be presumed to have been incurred in service. However, there is no evidence of a current low back disorder or any link between it and service.

The Board denied service connection for a knee disorder, hip disorder, and low back disorder in September 2005. The Veteran is contesting this decision on the grounds of CUE.