Back / lumbar spine decisions — 2010

The Board denied the Veteran's claims for service connection for esophageal cancer and accrued benefits due to lack of evidence linking his death to service or any presumptive conditions. The appellant did not provide sufficient evidence to establish exposure to white phosphorus, which was a key factor in her claim.

The Veteran's claim for service connection for degenerative disease of the lumbar spine is being remanded due to incomplete records and need for further medical examination.

The Board has denied the Veteran's claim for service connection for hypertension, finding no evidence of a current disability or in-service injury that could be linked to his condition. The Veteran's claim for increased ratings for spondylolysis and depression is pending as additional medical examination is required.

The Veteran's claim for service connection for degenerative disc disease of the lumbosacral spine, claimed as low back strain, is being remanded due to inadequate examination and consideration of lay evidence.

The Veteran is seeking an increased rating for his service-connected chronic low back strain, currently evaluated at 40 percent. The Board has remanded the case to the RO for further development and consideration.

The Veteran's appeal was denied for higher initial disability ratings and service connection claims. The issues of PTSD, lumbar spine degenerative disc disease, left leg radiculopathy, right knee degenerative joint disease, tinea corpora, premature ejaculation disorder (secondary to PTSD), and dyspepsia (secondary to PTSD) were all denied.

The Veteran's appeal has been withdrawn by his authorized representative.

The Board denied the Veteran's claims for initial compensable ratings for osteoarthritis of the lumbar spine, right ankle disability, and left knee disability.

The Veteran's claim for compensation under 38 U.S.C. § 1151 for panic disorder and dysthymic disorder was denied as the VA medical care providers did not act with negligence or carelessness in providing treatment.

The Board has granted service connection for a back disorder, psychiatric disorder (including depression and intermittent explosive disorder), right shoulder disorder (including right subscapularis myalgia), memory loss, fatigue, headaches, numbness of the hands and arms, upper gastrointestinal disorders, lower gastrointestinal disorders, hair loss, and unexplained chronic multi-system illness. The remaining issues on appeal are remanded to the RO.

The Board found that the Veteran's current back disability did not have onset during service and is not related to his military service.

The Veteran's claim for increased ratings for degenerative disc disease of the lumbar spine was denied. The RO awarded a 20% rating effective from August 23, 2004.

The Veteran's claim for a higher evaluation of his cervical spine disorder was granted, with an effective date from September 30, 2009. Service connection for the low back disorder and unspecified joint degenerative disease were also granted.

The Board determined that a low back disability, including degenerative arthritis and disc disease of L4-5 with probable spinal stenosis, is not proximately due to or aggravated by the Veteran's service-connected osteomyelitis of the left ilium. The current low back disability was also found not to be related to his service.

The Board denied the Veteran's claim of service connection for a back disability, finding no current disability and insufficient evidence to establish a link between his military service and any diagnosed condition.

The Board found that the Veteran's hepatitis C and back disorders are not related to his active military service.

The Board has determined that the Veteran's lumbar spine disorder is presumed to have been incurred in service. The cervical spine disorder claim requires additional development as it involves ADT and a prior injury.

The Board found that the Veteran's current low back disability and acquired psychiatric disorder are not related to his period of active service.

The Veteran's appeal is being remanded for additional development, including obtaining VA treatment records and scheduling the Veteran for a new VA examination to assess his service-connected disabilities.

The Board denied service connection for diabetes mellitus and a low back disorder, finding that the Veteran's current conditions did not manifest within one year of discharge from service or were related to any aspect of service.,Service treatment records showed no evidence of chronic diabetes or low back disorders during active duty. The Veteran reported gestational diabetes in 1980 which resolved postpartum.