Back / lumbar spine decisions — 2011

The Board found that the Veteran's current left knee and low back disorders are not related to his military service, as there is no evidence of a chronic disease with an onset in service. The preponderance of the evidence is against the Veteran's claims for service connection.

The Veteran's lumbar spine disability is rated at 40 percent, effective December 8, 2008. The left knee instability and arthritis are each rated at 10 percent since October 30, 2007.

The Veteran's appeal was denied for higher initial ratings and service connection claims. The right wrist disability is rated at the maximum available benefit, while other conditions have not been established as service-connected.

The Veteran's claims for increased ratings for low back strain with degenerative joint disease, chondromalacia of the left patella, and right hip strain are being remanded due to the need for additional VA examinations.

The Board has determined that the Veteran's current hip, ankle, knee, cervical spine, and lumbar spine disabilities are related to his time in active service.

The Veteran's claims for increased ratings for his thoracolumbar spine strain and right knee retropatellar pain syndrome were denied. The Board finds that the evidence does not support a higher rating for either condition.

The Veteran's claim for an increased rating in excess of 20 percent for his service-connected herniated lumbar disc L5-S1, postoperative hemilaminotomy and microdiscectomy is being remanded due to the need for a new VA examination.

The Board found no evidence of a service-connected lumbar spine disorder and denied the claim, as there was no current disability related to service or aggravation during service. The Veteran's arthritis is not presumed due to service.

The Veteran's appeal has been withdrawn prior to the Board making a decision.

The Veteran's appeal is being remanded for further development and consideration, including a VA examination to reassess the severity of his low back disability during an active stage of the disease when symptoms are most problematic.

The Board has determined that the Veteran does not have a left knee disorder or low back disorder, and finds that these conditions are not related to his service-connected right knee disorder.

The Board found that the Veteran's claimed low back disability was not incurred or aggravated by his active duty service and denied the claim.

The Board has determined that additional development is needed, including obtaining VA treatment records and asking the Veteran to provide authorization for release of private treatment records. A VA examination will also be scheduled to assess the existence and etiology of the Veteran's claimed low back and left knee disorders.

The Veteran's appeal is being remanded to obtain additional VA medical records and for further examinations to determine the etiology of his claimed psychiatric and gastrointestinal disorders.

The Board found that the Veteran's death due to chronic drug use was not service-connected, as there is no evidence showing a direct link between his military service and the cause of death. The medications prescribed for his service-connected disabilities were considered but did not contribute substantially or materially to his death.

The Veteran withdrew his appeals for all issues, including service connection and compensation claims. The appeal is dismissed.

The Board denied the Veteran's claims for service connection for bilateral hearing loss, tinnitus, degenerative changes of the lumbar spine, multiple myeloma, and various skin disorders including basal cell cancer, malignant melanoma, and actinic and seborrheic keratoses. The denial is based on a lack of evidence linking these conditions to service or to exposure to herbicides.

The Board found that the Veteran's bilateral pes planus existed prior to his active duty service and was not aggravated by a service-connected disorder. The back disorder did not manifest during or after service, nor is it related to a service-connected disability.

The Board has reopened the Veteran's claim for service connection for a lumbar spine disorder and finds that new evidence supports this claim, finding that his current DDD with radiculopathy, urgency, and ED is of service origin.

The Veteran's claims for increased ratings were denied as the evidence did not support a higher rating based on his service-connected conditions.