Back / lumbar spine decisions — 2008

The Board found that the veteran's preexisting left ear hearing loss did not increase in severity during service, and there was no evidence of a current disability related to right ear hearing loss. The claims for sinusitis and low back pain were reopened based on new and material evidence.

The veteran's degenerative disc disease of the lumbar spine at L5-S1 and bilateral hearing loss do not meet the criteria for higher ratings.

The Board has reopened the claim of service connection for a low back disability and denied claims for service connection for peripheral neuropathy of the right upper extremity, peripheral neuropathy of the right lower extremity, a urinary disorder, and a speech disorder. The veteran was granted a 10 percent rating for fracture of the inferior and superior rami of the left pelvis.

The Board remands the issues of entitlement to service connection for a left hip condition and back condition, as well as the TDIU claim, for further development.

The veteran's claims for service connection for various conditions were denied, but new and material evidence was found to reopen the claim for a foot condition. The other claims remained denied.

The Board granted restoration of service connection for a low back disorder, effective from the date of severance.

The veteran's claims for service connection for lumbar and cervical spine disorders, dental trauma, and an initial compensable evaluation for bilateral hearing loss are being remanded for further development.

The veteran's service-connected back disability is manifested by essentially full range of motion of the thoracolumbar spine with subjective complaints of pain; there is no competent evidence of incapacitating episodes of intervertebral disc disease, muscle spasm or guarding severe enough to result in an abnormal gait or abnormal spinal contour, or a compensable neurological disorder.

The veteran's claims for service connection for hypertension, a bilateral foot disability, low back pain, and sleep apnea were denied as the conditions were not related to his active service.

The veteran's low back disability has been manifested by severe limitation of motion without ankylosis, neurologic impairment, or incapacitating episodes requiring bedrest prescribed by a physician. For the period prior to October 13, 2005, a rating of 40 percent is granted.

The veteran's lumbar spine disability and depression were not incurred in or aggravated by active service.

The veteran's PTSD was rated at 50 percent from February 2004 until August 2007, while the ratings for DDD of the lumbar and cervical spine remained unchanged.

The Board found that the veteran's back disability was pre-existing and not aggravated by service, thus denying service connection.

The veteran's degenerative disc disease of the cervical spine is manifested by chronic pain, some moderate limitation of range of motion with pain and modest shoulder and left arm numbness and tingling without ankylosis, no incapacitating episodes that require bed rest prescribed by a physician and treatment by a physician, or other significant impairment. The criteria for a disability evaluation greater than 20 percent have not been met.

The Board finds that the veteran's report regarding his back injury is credible and reasonably establishes some level of back injury in service, and a VA compensation and pension examination is warranted to determine if there is a relationship between the current low back disability and the in-service injury.

The Board denied service connection for a low back disability, as the evidence did not show that it was related to any disease or injury in service.

The Board denied the claims as not well grounded; there has been no timely filed motion to re-adjudicate in accordance with the Veterans Claims Assistance Act of 2000.

The Board remands the matter for further development to obtain a more comprehensive medical examination and review of the claims folder.

The Board denied the veteran's claim for service connection for a back disability, finding that his thoracic spine disability existed prior to service and was not aggravated by it. The current diagnoses of lumbar spondylolisthesis and degenerative lumbar disc disease were also found not to be related to his service.

The veteran withdrew the appeal before a decision was made.