Back / lumbar spine decisions — 2011

The Board has determined that the Veteran's claims for service connection for a low back disorder and cervical spine disorder have been denied as new and material evidence was not submitted to reopen the previously denied claims, and there is no medical evidence showing a direct relationship between these disorders and military service or a service-connected disability.

The Board has determined that the Veteran does not have a current back disability and that any such disability is unrelated to his service-connected pes planus. Therefore, the claim for secondary service connection for a back disability is denied.

The Board has determined that the Veteran is not unemployable due to his service-connected disabilities, as he can perform substantially gainful employment with his training and skills.

The Board found that there is no evidence linking the Veteran's low back, left hip, and right hip disorders to his military service or to his service-connected right knee disability. As a result, the claims for these conditions were denied.

The Veteran's claim for service connection for a low back disability, which is secondary to his service-connected right knee patellofemoral syndrome, has been remanded due to the need for additional development and examination.

The Veteran's lumbar strain, status post left L4-L5 partial hemilaminectomy and discectomy, does not meet the criteria for a higher initial disability rating beyond 20 percent.

The Board has determined that the Veteran's current low back disorder is caused or aggravated by his service-connected bilateral knee disabilities, and thus grants service connection for chronic lumbar strain and osteoarthritis of the lumbosacral spine.

The Board has remanded the case for additional development, including obtaining VA treatment records and providing the Veteran with appropriate examinations to determine the nature, extent, onset, and etiology of any spine disorder and bilateral knee disorder.

The Veteran's back disability is being remanded for further examination and opinion to determine if it is related to his service, including injuries sustained during service. The case will be reviewed again after the additional development.

The Veteran's degenerative disc disease of the lumbar spine is considered an additional disability resulting from negligence or a similar instance of fault on the part of VA in furnishing medical care during his September 2006 surgery.

The Board has determined that further development is needed to verify the Veteran's service dates and obtain relevant medical records. The Veteran will be scheduled for a VA examination to determine if his current right or left foot disorders are related to service.

The Veteran's appeal is being remanded due to the need for additional examinations and consideration of recent evidence. The issue remains whether she should receive a higher disability rating for her service-connected lumbar degenerative disc disease.

The Veteran's service-connected lumbar fibromyositis with lumbosacral HNP at L5-S1 has been rated as 40 percent since December 4, 2006 and now increased to 60 percent effective from that date. The left S1 lumbar radiculopathy is also service-connected.

The Board has found that the Veteran's current low back disorder is related to his military service, and thus granted his claim for service connection.

The Veteran's low back disability, diagnosed as degenerative disc disease with history of lumbar strain, is currently rated at 10 percent and does not meet the criteria for a higher rating based on current evidence.

The Veteran's degenerative disc disease of the lumbar spine is currently rated at 10 percent, and no higher rating is warranted based on the evidence provided.

The Veteran's low back disability was not incurred in or aggravated by service and may not be presumed to have been incurred or aggravated therein.

The Board found that the Veteran's current back disorder is not related to his active military service between March 1988 and December 1988, but it did exist prior to his September 2005- August 2006 period of active duty. The examiner concluded that the Veteran's back disorder was aggravated by his post-service activities.

The Board has determined that there is no evidence to support a service connection claim for degenerative disc disease of the lumbar spine or cervical spine, as the current conditions are not shown to be etiologically related to service.

The Board denied service connection for bilateral pes planus, neck disability, and back disability. The denial was based on the lack of evidence showing a link between these conditions and active service.