Back / lumbar spine decisions — 2011

The Veteran's appeal is being remanded for a videoconference hearing before a Veterans Law Judge.

The Board denied service connection for lumbar spine and pelvic conditions in a May 1995 rating decision. The Veteran's claims were reopened, but the new evidence did not meet the criteria to establish service connection.

The Veteran's appeal is being remanded for additional development, including a VA examination and consideration of the evidence received since the last Supplemental Statement of the Case (SSOC). The claim for an increased initial evaluation for chronic lumbar strain with anterior spondylolisthesis, status post laminectomy and foraminotomies L4-5 and L5-S1 is being remanded. The TDIU issue will also be remanded to determine whether the Veteran's service-connected disability renders him unemployable.

The Board denied an initial rating in excess of 40 percent for degenerative disc disease of the lumbar spine, finding that the Veteran's disability did not meet criteria for a higher evaluation due to lack of unfavorable ankylosis.

The Veteran's current degenerative disc disease of the lumbosacral spine is not related to his service or service-connected right knee condition.

The Board has granted service connection for PTSD and found that the Veteran's claim seeking service connection for bilateral hearing loss must be reconsidered due to new evidence.

The Board has determined that the Veteran's current lumbar and cervical spine disabilities are related to his in-service basketball injury, granting service connection for these conditions.

The Board has determined that the Veteran's post-laminectomy syndrome of the lumbar region is related to his military service, including parachute jumps. The Board also finds no evidence of a current right or left knee disorder.

The Veteran's nonservice-connected disabilities, including degenerative changes at the acromioclavicular joint of the left shoulder and gastroesophageal reflux disease, do not meet the criteria for a permanent and total rating for non-service connected pension.

The Board found that the Veteran's current low back disability did not arise from his military service, including active duty and inactive duty training. The evidence does not show a link between any period of service and the Veteran's current condition.

The Veteran's appeal is being remanded to the RO for additional development of evidence.

The Veteran's lumbar spine disability was granted an initial 30 percent evaluation effective January 18, 2006. The Board also granted a separate 20 percent evaluation for radiculopathy of the right lower extremity.

The Board found that there was no medical evidence showing any compensable lumbar spine impairment or symptomatology during the period from January 16, 1987 to April 4, 2002. Therefore, a compensable rating for this time period is denied.

The Board has remanded the case for further development, including obtaining Spanish translations of documents and ensuring consideration of all evidence submitted since the last Supplemental Statement of the Case.

The Veteran's service-connected lumbar spine disability was found to not warrant a rating in excess of 20 percent prior to September 2, 2008, and did not meet the criteria for a 40 percent rating since that date.

The Board found that the Veteran's back disorder is proximately due to, or the result of his service-connected left knee disability. The residuals of a shell fragment wound to the left jaw were also incurred in or aggravated by military service.

The Veteran's back disorder was not shown to be causally or etiologically related to his military service, and arthritis did not manifest within one year of his discharge from service. Therefore, the claim for service connection is denied.

The Veteran's coronary artery disease is presumed to have resulted from his service in Vietnam, and he is granted service connection. The Veteran's back condition is not related to his military service.

The Board has remanded the case due to a hearing issue, and no final outcome is determined at this stage.

The Board found that the Veteran's current lumbar spine disability was not incurred in or aggravated by service, and denied his claim.