Back / lumbar spine decisions — 2009

The VA has determined that the Veteran's low back condition is not secondary to his service-connected residuals, left leg, GSW. The evidence does not support a finding of causation or aggravation.

The Board has determined that the Veteran does not have any current disabilities of the left ankle, right foot, neck, or low back that are related to service.

The Veteran's low back disability has been rated at 40% since May 18, 2000, for severe limitation of motion and intervertebral disc syndrome.

The Veteran's low back disability was manifested by pain, limitation of motion to 15 degrees of flexion and right leg radiculopathy for the period on and after September 3, 2008. The claim is granted with a rating of 20 percent.

The Board denied service connection for a right hip disability, left hip disability, and back disability (L4-5 disc herniation with surgery) due to lack of evidence showing these conditions were incurred or aggravated during active duty or ACDUTRA.

The Veteran's appeal is being remanded for a video conference hearing due to the failure to schedule one in accordance with his request.

The Board has determined that the Veteran's low back disorder and bilateral eye conditions are related to his military service, granting these claims.

The Veteran's service-connected lumbar spine disability is currently rated at 20 percent and productive of no more than moderate limitation of range of motion, without limitation of forward flexion to 30 degrees or less, and no findings of ankylosis; with no evidence of incapacitating episodes having a total duration of at least 4 weeks during the past 12 months.

The Board has determined that the Veteran's current lumbar spine disability is related to an in-service injury and has granted service connection for this condition.

The Board found that the Veteran's back disorder did not manifest during or as a result of his military service and denied his claim for service connection.

The Board has determined that the Veteran's claims for entitlement to service connection for left ear hearing loss and a low back disorder are denied, while his claim for a compensable evaluation for right ear hearing loss is not granted. The Veteran's right ear hearing loss results in noncompensable disability ratings due to its severity.

The Veteran's major depressive disorder was rated at 50% from October 21, 2003 to August 14, 2007 and at 30% since then. The Veteran's degenerative changes with herniation at L1-2 and mild spondylosis at the thoracolumbar junction were rated at 20% from October 21, 2003 to August 14, 2007 and at 10% since then. The Veteran's degenerative changes of the right knee with history of chondromalacia and prepatellar bursitis were rated at 10%.

The Board denied service connection for hearing loss, tinnitus, and degenerative disc disease of the lumbar spine as these conditions are not shown to be related to military service.

The Board denied an earlier effective date for the grant of service connection for degenerative changes of the lumbar spine associated with a service-connected left foot injury, finding that the legal criteria have not been met.

The Veteran's claim for a higher initial rating for his service-connected lumbar spine disability is being remanded due to the need for additional medical findings.

The Veteran's claim for an increased rating for lumbar strain with degenerative disc disease at L4-5 was denied. His claim for an increased rating for psoriasis, currently rated as 60 percent disabling, was granted.

The reduction of the evaluation for your low back disability from 20 percent to 10 percent was not proper, and the 20 percent rating is restored.

The Board has determined that the Veteran's claims for earlier effective dates for service connection are denied as there is no indication of a formal claim prior to September 28, 1998.

The Board has remanded the case for additional development, including obtaining VA treatment records and any relevant SSA and private medical records. The Veteran's statements regarding in-service injuries will be considered, along with current diagnoses of his low back, right foot, and tinnitus conditions. Medical opinions will be sought to determine if there is a nexus between these conditions and active duty service.

The Board denied service connection for fungus in the ear and low back disorder, finding no competent medical evidence linking these conditions to service.