Back / lumbar spine decisions — 2011

The Board has determined that the Veteran's claimed psychiatric disorder, to include PTSD, was not incurred in or aggravated by service and his lumbar spine disability is not related to service. The claims are therefore denied.

The Veteran's claim for service connection for rotary scoliosis of the lower thoracic and upper lumbar spine has been reopened. However, his claim for service connection for PTSD remains denied as there is no credible evidence linking his current symptoms to a verified in-service stressor.

The Veteran's claim for an increased disability evaluation for her service-connected low back disorder was denied as she failed to appear at the scheduled VA examination.

The Board has remanded the case for further development, including obtaining VA treatment records and scheduling a VA examination to determine if the Veteran's low back disability is secondary to his service-connected cold injury of the feet.

The Veteran's thoracolumbar spine disability, characterized by anterior compression at T11-T12 and L1 lipping with degenerative changes at L1-L2, does not meet the criteria for a rating in excess of 10 percent. The current range of motion is sufficient to warrant no more than a 10 percent evaluation.

The Board denied the appellant's claims for increased ratings for his low back disability, finding that the evidence did not meet the criteria for a rating in excess of 10 percent prior to June 7, 2004 and 40 percent from June 7, 2004.

The Board has determined that the Veteran's low back disorder was not incurred or aggravated during service and is not related to his military service. The evidence does not support a finding of chronicity in service, nor can it be presumed due to the one-year presumptive period.

The Board has determined that new and material evidence has been submitted to reopen the claim of service connection for a back disability. After considering all the evidence, including the Veteran's testimony about his in-service accident and continuous post-service symptoms, the Board finds that the current back disabilities are etiologically linked to his military service.

The Board denied the Veteran's claims for service connection for PTSD, bilateral knee disorder, and low back disorder due to lack of evidence of a current disability or link to service.

The VA determined that the Veteran's current low back disorder is not related to his service, specifically noting that his complaints of back pain during service were due to a prior injury and are less likely than not the cause or contributing factor to his current condition.

The Veteran's claims for service connection were denied. The Board found that new and material evidence was not presented to reopen the claim of service connection for degenerative changes of the right knee, as well as denial of service connection for psychiatric disorder (anxiety), cervical spine disability, and peripheral neuropathy of the left upper extremity.

The Board found that the Veteran's low back disorder did not manifest in service and was not related to service, thus denying his claim for service connection.

The Veteran's intervertebral disc syndrome, post lumbar laminectomy, does not meet the criteria for a rating in excess of 20 percent due to lack of incapacitating episodes or forward flexion limited to 30 degrees or less.

The Board has determined that the Veteran does not have a current disability for which service connection can be granted, including back and wrist disabilities, gout, duodenal ulcer, chronic respiratory infections, or bronchitis. The Veteran's claims are denied.

The Board has determined that the Veteran's cervical spine disability, right shoulder disability, and left hip disability are not related to service or any service-connected conditions.

The Board found that the Veteran's current back disorder is not related to her military service.,There is no evidence of a current diagnosis of PTSD, and the medical evidence does not show a nexus between any current psychiatric symptoms and active duty service.

The Board has remanded the case due to the need for additional evidence, including SSA records and treatment records from VA or private medical facilities.

The Veteran's service connection claim for bilateral hearing loss is granted, as the evidence supports a finding that his current hearing loss disability is related to military noise exposure. The issue of entitlement to an increased rating for his low back disability remains pending.

The Veteran's claim for an increased rating for his service-connected lumbosacral strain with neuralgia of the left lumbosacral plexus is being remanded due to the need for additional development, including obtaining medical records and scheduling a VA examination.

The Board denied the Veteran's petition to reopen his claim for service connection due to lack of new and material evidence, as his recent assertions regarding permission and intoxication at the time of the accident were consistent with the prior denial based on willful misconduct.