Back / lumbar spine decisions — 2009

The Board has determined that the Veteran's bilateral hearing loss is related to noise exposure in service and granted service connection. The claim for a back disability was denied as there is no evidence of an injury or disease in service, and the current condition is not linked to his military service.

The Veteran's fibromyalgia, osteoarthritis of the cervical and lumbar spine, and degenerative disc disease of the lumbar spine are not service-connected as they were not present during his period of active duty for training (ACDUTRA).

The Board has denied the Veteran's claims for service connection for left lower leg disorder, low back disorder, bilateral knee disorder, skin condition of bilateral feet, and residuals of a broken toe. The evidence does not support a finding that these conditions are related to her military service.

The Board denied the Veteran's claims to reopen his service connection for bilateral hearing loss and back disability due to lack of new and material evidence.

The Board is reopening the low back disorder claim and remanding both the low back disorder and cardiovascular service connection claims for further development. The Veteran's current disorders are being considered on a direct basis due to his alleged contact with chemical agents, oil well fires, and smoke during his service in the Persian Gulf.

The Veteran's claims for increased ratings and service connection were denied. Service connection was granted for right knee degenerative changes, but the Veteran is not entitled to a higher rating as his disability picture does not meet the criteria for a 20 percent evaluation under Diagnostic Code 5261.

The Board has determined that the reduction in evaluation of the service-connected post-lumbosacral strain with degenerative arthritis by x-ray from 20 percent to 10 percent was proper, as examination disclosed improvement and did not result in a reduction in overall compensation payments.

The Board has determined that the Veteran's right knee disability warrants a rating of 10 percent, effective from the date of claim. The lower back disability is not service-connected.

The Veteran's claims for increased evaluations and TDIU were denied. The Veteran was granted service connection for major depression with panic disorder, but the claim for TDIU was not met.

The Board has determined that the Veteran's service connection claim for thoracolumbar strain is granted. The claims for bilateral shoulder disability and right knee disability are being remanded to the RO.

The Veteran is seeking a TDIU based on his service-connected disabilities. The RO has remanded the case for additional development, including obtaining medical records from Social Security Administration and arranging for an examination to assess the impact of his service-connected conditions on his employability.

The Board denied the Veteran's claim for an effective date earlier than October 19, 2000 for TDIU benefits. The evidence did not show that the Veteran was unemployable due to his service-connected disabilities prior to this date.

The Veteran's appeal is remanded to determine if an extraschedular evaluation for his service-connected lumbosacral strain with degenerative disc disease is warranted due to marked interference with employment.

The Veteran's service-connected discogenic sclerosis lumbar spine with degenerative disc disease was rated at 40 percent from March 1, 2002, to August 31, 2002.

The Board denied the veteran's claim for an initial disability rating in excess of 20 percent for service-connected lumbosacral strain, finding that her condition did not meet the criteria for a higher rating based on the severity of her symptoms and functional impairment.

The Board found no evidence to support the Veteran's claim of a low back disability incurred during service, and concluded that his current condition is more likely due to natural aging process rather than any incident in service.

The Veteran's service-connected lumbosacral strain was granted a disability rating of 20 percent, effective as of December 10, 2008. His right leg radiculopathy continues to be rated at 10 percent.

The Veteran's low back strain disability is rated at 20 percent, effective from the date of his May 2003 rating decision. A separate 10 percent rating for left lower extremity neuropathy is granted since November 12, 2003.

The Board found no evidence of a current lumbosacral disability or DJD of the lumbar spine that was incurred in service, and denied the Veteran's claim for service connection.

The Veteran's lumbar spine degenerative disc disease results in no more than a moderate degree of impairment, with forward flexion not limited to 30 degrees or less and without ankylosis. The current rating of 20 percent is therefore denied.