Back / lumbar spine decisions — 2009

The Board found no medical evidence linking the Veteran's current back disability to his service, and thus denied his claim for service connection.

The Board denied service connection for a lumbar spine disability and a right knee disability, finding that the Veteran did not submit sufficient evidence to establish a nexus between his current disabilities and military service.

The Board found that the Veteran's lumbar spine disability pre-existed service and was not aggravated by service. The hearing loss and tinnitus claims were also denied as they did not manifest during or within one year after service.

The Veteran's claim for increased evaluations for herniated nucleus pulposus and lumbosacral radiculopathy was granted. He is now receiving a 20 percent evaluation for his herniated nucleus pulposus since July 9, 2009, and a 10 percent evaluation for his lumbosacral radiculopathy.

The Board denied service connection for a bilateral shoulder disability and a low back disorder, finding no evidence of such disabilities during or within one year after the Veteran's military service. The current diagnoses were not shown to be related to his active duty.

The Board has determined that the Veteran's lumbar spine, right ankle, left ankle, and bunions disabilities are not service-connected. The flat feet disability is currently rated as second degree pes planus (flat feet).

The Veteran's mechanical low back pain with degenerative disc disease is manifested by pain, limitation of motion, and arthritis; it does not meet the criteria for a disability rating in excess of 40 percent.

The Veteran's combined disability rating is 50%, which does not meet the minimum percentage requirements for a TDIU. The disability is not shown to prevent him from obtaining or retaining substantially gainful employment.

The Board finds that the Veteran's low back disorder is due to an in-service injury during combat with the enemy, and service connection is granted. The claim for increased evaluation of right knee disability remains pending.

The Veteran's claim for an increased evaluation for his service-connected lumbosacral disc disease is being remanded due to the need for additional development, including a VA examination.

The Veteran's lower back disability was not incurred in or aggravated by his military service, nor may it be presumed to have been so incurred.

The Board has granted service connection for PTSD, but denied service connection for lumbosacral strain, bilateral hearing loss, and tinnitus. The Veteran's PTSD is related to his military service, while the other conditions do not meet the criteria for service connection.

The Veteran's PTSD has been rated as 70 percent disabling since January 21, 2009. The other conditions have not met the criteria for higher initial ratings.

The Veteran's claims for service connection and increased rating were denied. The keratosis of the left little toe was found to be asymptomatic, while the low back disorder secondary to bilateral heel fractures was not granted a compensable evaluation.

The Board has reopened the Veteran's claim for service connection due to new and material evidence. The VA examiner found that the Veteran's current back disability is less likely as not related to his military service, including as due to in-service complaints of back symptoms.

The Board has granted service connection for cervical spondylosis and multi-joint arthritis as secondary to service-connected pulmonary sarcoidosis. Service connection for spinal stenosis is denied.

The Veteran's service-connected herniated disc L5-S1, lumbar spine is currently rated at 10 percent and does not meet the criteria for a higher initial rating.

The Veteran's claim is being remanded for a new VA examination to assess the current nature and extent of his service-connected back disability, including any incapacitating episodes. The RO must also obtain all outstanding medical records from the Clifton Park VAMC since May 2005.

The Veteran's bilateral flat feet with bunions and calluses were initially rated at 10 percent prior to February 25, 2008, and increased to 30 percent beginning that date. The low back strain was initially rated at 20 percent and remained at that level. The chronic cystitis required a separate 10 percent rating. Uterine fibroids were rated as 10 percent effective from February 25, 2008.

The Veteran's appeal is remanded for additional development of his claims, including obtaining medical records and clarifying the opinions from VA examiners.