Back / lumbar spine decisions — 2010

The Board has granted service connection for a disability manifested by diarrhea, PTSD, and arthralgias. The respiratory disorder, back disability, chronic sinus disability, fatigue, and skin rash were not found to be related to service or the Gulf War.

The Veteran's intervertebral disc syndrome of the lumbar spine is currently rated at 40 percent disabling effective October 28, 2009.

The Board found no evidence to support the Veteran's claims for service connection for a chronic low back disorder and an acquired psychiatric disorder (depression). The disorders were not shown to be related to active duty service.

The Board has remanded the case due to insufficient evidence regarding the Veteran's back disability, including a lack of medical records from 1975-1991 and an incomplete VA spine examination. The Veteran is required to provide additional evidence or undergo further examinations.

The Board has remanded the case for a new VA examination to determine the nature, extent, and etiology of any current lumbar spine disability. The Veteran's in-service injury during service is considered as possible onset of his current back disability.

The Veteran's service-connected degenerative joint disease of the lumbar spine is currently rated at 40 percent, which is the maximum schedular rating available under VA guidelines. The Board found that the current rating adequately reflects the severity and symptoms associated with his condition.

The Veteran's claim for a higher rating for his low back disability was denied as the evidence did not show flexion limited to 30 degrees or less, and he does not have intervertebral disc syndrome requiring bed rest prescribed by a physician.

The Veteran's reactive changes of the thoracolumbar spine resulted in at least some range of motion loss and incapacitating episodes since April 8, 2005. Prior to that date, his symptoms did not meet criteria for a higher rating.

The Veteran meets the basic eligibility requirements for assistance in acquiring specially adaptive housing due to his service-connected disabilities that have essentially commensurate with loss of use of both lower extremities.

The Board has determined that the Veteran's seizure disorder and lumbosacral strain are not related to service, including any inservice injuries or exposures. The claim for service connection is denied.

The Veteran's appeal for higher ratings on multiple service-connected conditions, including tinnitus and hearing loss, was denied. The Veteran also requested service connection for otitis media of the left ear and bronchitis, but these claims were not addressed as they are not related to service connection.

The Board has remanded the case to the RO/AMC for further development, including verifying the Veteran's periods of Active Duty Training (ACDUTRA) and Inactive Duty Training (INACDUTRA), obtaining a medical opinion regarding the nature and etiology of his lumbar spine disability, and adjudicating the claim.

The Veteran's low back disorder is currently rated at 10 percent, effective January 1, 2007.,Prior to February 22, 2010, the Veteran's hypertension was not assigned a compensable rating. Since then, he has been assigned a 20 percent rating.

The Board has determined that the Veteran's current degenerative disc disease of the lumbar spine is related to his active military service and grants service connection for this condition.

The Board denied the Veteran's claim for an increased evaluation for lumbosacral strain, finding that the medical evidence did not show that his entire back was unfavorably ankylosed and thus a rating in excess of 50 percent is not warranted.

The Veteran's nerve impingement with left side radiculopathy has been rated at 40 percent since December 28, 2009.

The Veteran's right knee degenerative arthritis is found to be related to his in-service injury, and service connection for this condition is granted. The Veteran's lumbar spine disability is rated at 20%.

The Veteran's service-connected lumbar strain with early degenerative osteoarthritis and left leg sciatic nerve involvement are currently rated at the minimum levels. The Board finds that his symptoms do not warrant a higher rating.

The Board has determined that the Veteran's low back condition and asthma were not incurred in or aggravated by active military service.

The Board denied the Veteran's claims for service connection for hypertension and a low back disorder, finding that there was no competent evidence linking these conditions to service or any pre-existing condition.