Back / lumbar spine decisions — 2009

The Board found that the Veteran's back disorder was incurred during active military service and granted service connection for it. The secondary claim for a psychiatric disorder caused by his service-connected back disorder was also granted.

The Board has remanded the case due to failure to provide a VA medical examination and for further development of the evidence.

The Veteran's lumbar strain/spasm has been granted an increased rating to 20 percent effective March 2, 2007. The right carpal tunnel syndrome of the hand was also granted a higher initial disability rating.

The Veteran's bilateral pes cavus and associated small fiber neuropathy, as well as his degenerative disc disease of the cervical spine, were found to be aggravated by service-connected right ankle disability. The temporary total rating for convalescence was extended from June 1, 2004, through August 31, 2004.

The Veteran's bilateral pes planus was found to have been aggravated by his military service, and he is granted service connection for this condition. The other issues remain unresolved.

The Veteran's claims for higher initial ratings for service-connected adenocarcinoma status-post prostatectomy and spondylolysis of the lumbar spine with DDD prior to April 23, 2007 were denied as there was no evidence showing that his conditions warranted a rating in excess of those currently assigned.

The Board has granted a TDIU, finding that the Veteran's service-connected disabilities prevent him from securing and following any substantially gainful occupation. The increased rating claim for the lumbar spine disability is remanded for further development.

The Board denied all service connection claims, finding no current diagnoses or evidence of in-service incurrence or aggravation for the conditions claimed.

The Veteran's bilateral pes planus and low back disability were granted service connection, but the initial ratings assigned for these conditions are 10 percent each.

The Veteran's service-connected lumbosacral strain and degenerative disc disease of the lumbar spine do not meet the criteria for a higher rating as they do not result in unfavorable ankylosis or require medically prescribed bedrest.

The Board found that the Veteran's lumbosacral strain with severe spondylosis did not meet or approximate criteria for a rating in excess of 40 percent, as there was no unfavorable ankylosis and no associated objective neurologic abnormalities.

The Veteran's claims of increased ratings for his service-connected thoracolumbar spine disability, left knee disability, and bilateral plantar fasciitis were denied. The reduction in the rating for the thoracolumbar spine disability from 40 percent to 10 percent was found to be improper.

The Veteran's appeal for increased ratings for his service-connected lower back and right hip disorders is being remanded due to the need for additional VA compensation examinations.

The Board has determined that the Veteran's tinnitus is etiologically related to his military service, and he is granted service connection for this condition. The low back disability was not incurred in service, and thus service connection is denied. The right knee disability is also not proximately due to or aggravated by a service-connected disorder.

The Veteran's claim for an increased rating for his degenerative disc disease (DDD) of the lumbar spine is being remanded due to the need for additional examination and consideration of recent medical evidence.

The Veteran's claim for service connection for bilateral pes planus was denied as there is no evidence linking the condition to his military service. The Board found that the first documented diagnosis of bilateral pes planus occurred more than 13 years after discharge from active duty.

The Veteran's hypertension was not caused or aggravated by service, or by a service-connected disability. Therefore, the claim for service connection for hypertension is denied.

The Board has determined that new and material evidence has been received to reopen the Veteran's claim of service connection for a back disorder. The Board finds that the Veteran's current back disorders are related to his military service, including his MOS as a heavy truck driver.

The Veteran's appeal is being remanded to obtain additional medical records and for a VA examination regarding his service-connected hiatal hernia with gastritis. The case will be reconsidered based on the new evidence.

The Board has determined that the Veteran's low back condition is incurred in service, and his bilateral hearing loss may be related to service. Service connection for both conditions is granted.