Back / lumbar spine decisions — 2009

The Board has remanded the case due to incomplete records and further investigation is needed to determine if the appellant was required to report for a physical examination on June 2, 1986. The Line of Duty Report from that date needs to be obtained.

The Veteran's claim of service connection for bilateral hearing loss was denied in November 1973, and the Board has reopened it with new evidence. However, his current diagnosed bilateral hearing loss is not shown to be related to his period of active duty. The Veteran's back disability does not meet the criteria for a rating in excess of 20 percent.

The Board has remanded the case for additional development, including a new medical opinion regarding the Veteran's low back condition and its relation to service.

The Board has remanded the case for a videoconference hearing at the St. Petersburg RO.

The Board has remanded the case due to inadequate development of records, particularly from the Veteran's National Guard service. The appeal is now pending and will be adjudicated after additional development.

The Board found that the Veteran's liver disability, hepatitis B and C, low back disability, chronic obstructive pulmonary disease, asbestosis, and major depressive disorder are not related to his service. The diagnoses were attributed to post-service drug use.

The Board found that the Veteran's lumbar spine disability, including myositis and discogenic disease, is not related to his military service.

The Board has granted a higher 40 percent rating for the Veteran's low back disability, effective as of the date of this decision. The Veteran's TDIU claim is not addressed in this decision.

The Board denied service connection for the Veteran's claimed low back disability, left leg disability, bilateral foot disability, asthma, and cardiovascular disability.

The Veteran's PTSD is currently rated at 30 percent, which reflects occupational and social impairment with occasional decrease in work efficiency and intermittent periods of inability to perform tasks.,For the lumbar spine disability, a rating higher than 10 percent is not warranted due to limitation of motion. The combined range of motion exceeds 120 degrees, indicating no significant loss of function.,The Veteran's left shoulder disability is currently rated at 10 percent and is productive of painful, limited motion.

The Board denied the Veteran's claims for an earlier effective date for tinnitus, did not find new and material evidence to reopen his claim of left ear hearing loss, but found service connection established for a low back disorder. The other claims were also denied.

The Board denied the Veteran's claims of service connection for allergic rhinitis, back condition (to include arthritis), residuals of prostate cancer, and ulcerative colitis. The evidence did not establish a link between these conditions and his military service.

The Board finds that the Veteran's claimed back, right hip, hypertension, and diabetes mellitus disabilities were not incurred in or aggravated by his active service. The evidence does not support a finding of service connection for these conditions.

The Veteran's nonservice-connected disabilities do not meet the criteria for special monthly pension benefits based on need for aid and attendance or housebound status.

The Veteran's claims for earlier effective dates for service connection were denied. The Board found no evidence of clear and unmistakable error in the prior decisions, and there was no indication that the Veteran filed a claim or informal claim for these conditions before the effective dates assigned.

The Veteran's left lower lumbosacral radiculopathy is rated as 10 percent disabling effective January 24, 2006.

The Board finds that the Veteran's right ear sensorineural hearing loss is likely due to noise trauma incurred during military service and grants service connection for this condition. The chronic bronchitis claim is denied as there is no causal link between the Veteran's rare episodes of bronchitis and any remote incident of service. The mechanical low back strain claim is also denied, with no causal link established. Lastly, the PTSD claim is denied due to lack of a current diagnosis.

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

The Veteran's lumbar strain and bilateral iliotibial band syndrome are found to be related to his service-connected left foot disability, leading to a grant of service connection for these conditions.