Back / lumbar spine Board decisions

The Veteran is seeking service connection for a back disability that he contends resulted from an in-service fall. The VA examiner found the cause of his current back condition less likely than not related to service, but this opinion was based on the absence of documentation in the record and did not consider the lay evidence.

The Veteran's service-connected low back strain and degenerative disc disease of the lumbar spine, with a history of fusion surgery, did not meet the criteria for an increased rating beyond 40 percent from July 11, 2007.

The Board denied the Veteran's claim for service connection for a back disability, finding no evidence of an injury or disease during active duty. The issue regarding reopening her acquired psychiatric disability other than PTSD was also addressed and found to be not on appeal.

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.