Back / lumbar spine decisions — 2010

The Veteran's initial claim for service connection for bilateral hearing loss was denied in an April 1998 rating decision. The Board found that new and material evidence had not been received to reopen the claim, resulting in a denial of this issue. The back disorder issue remains pending.

The Board has remanded the Veteran's claims for further development due to issues regarding service connection for various spinal and neurological conditions, as well as sleep apnea. The case will be returned to the RO via the AMC for this purpose.

The Veteran's appeal for an earlier effective date for TDIU was denied as he had not been found unemployable prior to December 1, 2004. The Veteran's claim for increased rating of chronic neck pain with radicular symptoms down the right arm is dismissed due to withdrawal.

The Veteran's appeal is being remanded for additional development, including obtaining medical records and scheduling a VA examination to determine the nature and etiology of his claimed back and hip disorders.

The Board granted service connection for a right shoulder disability and assigned an initial 20 percent rating effective July 24, 2008. The Veteran's claims for tendinitis of the right wrist and low back disorder were also granted.

The Veteran's service-connected disabilities have a combined rating of 90 percent, with at least one disability rated 40 percent or more. The Veteran is unable to secure and follow substantially gainful employment due to his service-connected disabilities.

The Veteran's claims for increased evaluations for his spine and hand conditions were denied. The Veteran's thoracolumbar spine condition was found to have flexion greater than 60 degrees but not exceeding 85 degrees, without any incapacitating episodes of IVDS. His cervical spine condition had flexion greater than 30 degrees but with mild reversal of the lordosis in the upper cervical spine due to paraspinal muscle spasm. The bilateral pes planus and left wrist neuropathy conditions were found to be noncompensable. The right epididymitis/variocele condition was also found to be noncompensable.

The Veteran is granted a separate initial 10 percent rating for left lower extremity radiculopathy since January 9, 2006. The claim for an increased rating for degenerative arthritis of the lumbar spine remains denied. Service connection for PTSD and memory loss are also denied.

The Veteran's claim for an increased rating for lumbosacral sprain was denied as the evidence did not show that his symptoms more nearly approximated the criteria for a higher rating under the General Rating Formula for Diseases and Injuries of the Spine.

The Veteran's appeal was dismissed due to his death.

The Veteran's cervical spine and lumbar spine conditions are not service connected as they were not shown during active duty or within one year of discharge. The upper respiratory infection claim is denied due to lack of evidence showing a current disability.

The Veteran's appeal has been withdrawn, and the case is dismissed.

The Board found no evidence linking the Veteran's current back or hip disorders to his military service, and denied both claims for service connection.

The Veteran's appeal is being remanded for additional development of his claims, including obtaining Social Security Administration records and inpatient treatment records from the Naval Hospital on Parris Island. The case will also be adjudicated again after these developments.

The Board found no evidence of a chronic low back disorder during service and insufficient evidence to establish a nexus between the current low back disorder and active service. The claim for service connection is therefore denied.

The Veteran's postoperative degenerative disc disease of the lumbar spine presents an exceptional disability picture, warranting referral to the Director of Compensation and Pension for consideration of an extraschedular rating.

The Veteran's current cervical spine, lumbar spine, bilateral knee, and bilateral hip disabilities are not related to his service. The Board finds that the evidence does not support a finding of service connection for these conditions.

The Veteran's service-connected spondylosis, L5-S1, with chronic lumbar strain is currently rated at 20 percent prior to April 19, 2010, and 40 percent thereafter. The appeal for a higher rating remains denied.

The Veteran's right hip pain is attributed to his service-connected degenerative disc disease of the lumbar spine. The Veteran's photophobia is considered a symptom of an undiagnosed illness incurred during active military service.

The Veteran's service-connected traumatic arthritis of the thoracolumbar spine is currently rated at 20 percent, and the VA finds that it does not warrant a higher rating based on current symptomatology.