Back / lumbar spine decisions — 2010

The Veteran's claims of service connection for back and left ankle disabilities are being remanded due to the need for additional medical examinations.

The Board found that there was no evidence of a low back disability during service, and the Veteran's current low back pain is not shown to be related to service. The degenerative changes and disc disease of the lumbosacral spine were first diagnosed after service beyond the one-year presumptive period for chronic diseases.

The Veteran's claims for increased evaluations and service connection were denied. The Veteran's degenerative disc disease, onychomycosis of the great toenails, and lichen planus are not considered to be related to service or any incident therein. A productive cough was also not found to be incurred in service.

The Veteran's claims for increased ratings for coronary artery disease and lumbar spine spondylolisthesis were denied. The Board found that the evidence did not meet the criteria for a higher rating under the applicable diagnostic codes.

The Board denied service connection for PTSD, a low back disorder other than partial lumbarization and spina bifida occulta at S1, and prostate cancer. The Veteran's personality disorder was not considered a disease within the meaning of legislation providing compensation.

The Board has determined that new and material evidence has been received to reopen the claim for service connection for hypertension. The Veteran's current left knee and low back disabilities are found to be related to his military service.

The Veteran's low back disability does not result in incapacitating episodes having a duration of at least four weeks but less than six weeks during the past twelve months or forward flexion of the thoracolumbar spine less than 30 degrees. Therefore, his claim for an increased rating is denied.

The Board denied service connection for various chronic conditions, including shoulder, cervical spine, lumbar spine, knee, and foot disorders. The decision was based on the lack of evidence linking these conditions to service.

The Veteran's low back disability was not in a stabilized condition at the time of his discharge from inactive duty training in March 1989, and thus he is not entitled to a prestabilization rating.

The Board has remanded the case for additional development, including obtaining private treatment records and scheduling a VA examination to determine the impact of service-connected disabilities on employment.

The Veteran withdrew his appeal for the issues of service connection for bilateral knee disorders, bilateral hip disorders, and a spine disorder.

The Board has granted a higher initial rating of 40 percent for the Veteran's low back disability, and an additional 10 percent rating for associated radiculopathy of the right lower extremity. The left thumb and right great toe disabilities are each rated at 10 percent.

The Veteran's appeal is being remanded for additional development, including scheduling a videoconference hearing.

The Veteran's low back disability is rated at 40 percent, effective May 2003. The rating for neurological impairment of the left lower extremity was increased to 20 percent effective September 7, 2007.

The Board has determined that the Veteran's low back and bilateral leg disorders are not related to service, and thus denied both claims.

The Veteran's lumbosacral strain is currently rated at 20 percent, and a separate rating of 10 percent for radiculopathy of the right lower extremity from May 18, 2005, has been granted.

The Board denied the Veteran's claims for reopening of his service connection claims for hearing loss, low back disability, and diabetes mellitus as new and material evidence was not received.

The Veteran's service-connected low back disability is currently rated at 10 percent prior to October 15, 2007. The Board finds that a higher evaluation is not warranted based on the evidence of record.

The Board has denied the appellant's claims to reopen his service connection for hip disability, cervical spine osteoarthritis, and back disability (including arthritis of the lumbar spine). The RO found that no new and material evidence had been submitted.

The Board denied the Veteran's claims for service connection for upper and lower back disability, heart disability, and right foot disability (secondary to avulsion fracture of the right ankle). The evidence did not establish a link between these conditions and active military service.