Back / lumbar spine decisions — 2010

The VA has determined that the appellant's current low back, left knee, and right knee disorders are not service-connected as they are more likely due to natural aging processes rather than injuries sustained during periods of active duty for training (ACDUTRA).

The Veteran has withdrawn his appeal regarding the issue of a separate rating for the neurologic manifestations of a service-connected lower thoracic and lumbar spine disability, prior to and after August 6, 2005.

The Board has determined that a new VA examination is needed to determine the nature and etiology of the Veteran's low back disability, as the previous opinion was inadequate.

The Board has determined that the Veteran's low back disability is incurred during active service and grants service connection for this condition.

The Veteran's claim for increased ratings for his service-connected diffuse spondylosis of the thoracolumbar spine was denied. The initial noncompensable rating assigned prior to October 12, 2004 has been upheld. Ratings in excess of 10 percent from October 12, 2004 to July 16, 2009 and in excess of 20 percent from July 16, 2009 onward were denied.

The Board has denied the Veteran's claims for service connection for low back and neck conditions due to a lack of evidence linking current disabilities to service.

The Veteran's cervical spine disability is rated at 30 percent effective October 24, 2008.,The Veteran's thoracolumbar spine disability is rated at 40 percent effective October 24, 2008.

The Board has remanded the Veteran's claims for service connection due to insufficient review of his medical records and incomplete opinions regarding the etiology of his cervical spine, lumbar spine, and psychiatric disorders.

The Veteran's initial 10 percent rating for degenerative disc disease at L5-S1 with right hip pain is denied as the evidence does not show that his disability results in forward flexion of the thoracolumbar spine greater than 30 degrees but not greater than 60 degrees; a combined range of motion of the thoracolumbar spine not greater than 120 degrees; muscle spasm or guarding severe enough to result in an abnormal gait or abnormal spinal contour such as scoliosis, reversed lordosis, or abnormal kyphosis; or intervertebral disc syndrome.

The Veteran's claims for increased ratings for various orthopedic conditions were denied. The initial rating decisions assigned non-compensable evaluations, and later adjustments did not result in a compensable evaluation.

The Board has determined that service connection is warranted for degenerative joint disease of the lumbar spine, as it was initially diagnosed within one year post-service and there is no clear and unmistakable evidence to rebut this presumption.

The Board has reopened the previously denied claims of service connection for a low back disability and right hand injury, but remanded these issues due to new evidence submitted by the Veteran. The claim for skin cancer was withdrawn prior to decision.

The Veteran's DDD of the lumbar spine was not found to warrant a compensable evaluation prior to April 10, 2009 and is denied for any evaluation in excess of 10 percent since that date.

The Veteran's lumbar spine disability, postoperative scars on the back, facial scars, and GERD with hiatal hernia have all been rated at their maximum allowable under VA regulations. The Board finds that none of these conditions warrant a higher rating.

The Veteran's hypertension claim has been reopened, but the Board is remanding her cervical spine and lumbar spine disability ratings as well as her headache disability rating for additional development. The case will be further reviewed after these issues are addressed.

The Veteran's claims for increased rating and service connection for lumbar spine disability, left leg disability, and right leg disability are being remanded due to the need for additional examinations and records.

The Veteran's claims for increased ratings and service connection were denied. The denial of the Hepatitis C claim was final, as no new and material evidence had been presented since its previous denial in September 2006.

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

The Veteran's claims for increased ratings and service connection were denied. The RO granted service connection for radiculopathy of the right lower extremity associated with his lumbar spine disability, but did not grant a higher rating.

The Veteran's death was not determined to be service-connected, and the claim for DIC benefits under 38 U.S.C.A. § 1318 is denied due to lack of legal merit.