Back / lumbar spine decisions — 2010

The Veteran's skin disorder and DDD of the lumbar spine are service-connected due to herbicide exposure. The Veteran is granted increased ratings for his lumbar spine disability, with separate compensable ratings for radiculopathy in both lower extremities.

The Board has granted service connection for post-operative lumbosacral spine degenerative disc disease and degenerative joint disease, finding that the Veteran's current condition is related to his inservice low back injury.

The Board found that there is no probative medical evidence linking the Veteran's hearing loss to service, and there is no current low back disability. Therefore, the claims for bilateral hearing loss and a low back disability were denied.

The Veteran's need for regular aid and assistance of another person has been established, allowing him to receive special monthly pension at the aid and attendance rate. However, his mental competency status remains unclear.

The Veteran was diagnosed with plantar fasciitis during active service and has experienced continuous post-service symptoms. The weight of the competent evidence is at least in relative equipoise on whether her currently diagnosed right and left foot plantar fasciitis are related to the in-service diagnosis.,By extending the benefit of the doubt, the Veteran's disability manifested by lumbosacral strain is due to disease or injury that was incurred in or aggravated by active service.

The Board has reopened the Veteran's claim for service connection for a back disability and granted it as secondary to his service-connected right knee disability. The Veteran's hypertension was also found to be related to in-service onset.,Service connection is established for a back disability due to its relationship with the Veteran's service-connected right knee disability, and for hypertension which began during active military service.

The Board has determined that the Veteran's claims for service connection for various conditions, including those allegedly related to ionizing radiation exposure, are not supported by the evidence of record and have been denied.

The Veteran withdrew his appeal concerning all issues, including the reopening of service connection claims and the entitlement to service connection for bilateral knee disabilities.

The Veteran's service-connected degenerative arthritis and DDD of the lumbar spine were not shown to warrant a rating in excess of 10 percent prior to September 18, 2008.

The Board has determined that there is no current diagnosis of PTSD and thus service connection for PTSD cannot be established. The Veteran's claim for a back disorder was also denied as the evidence does not support a finding of in-service injury or disease resulting in a current disability.

The Board denied the Veteran's claim for service connection for a neck condition, finding that new and material evidence had not been presented to reopen the claim.,The Board also denied the Veteran's claims for service connection for a skin condition (claimed as jungle rot) and diarrhea.

The Board has remanded the case due to the Veteran's request for a video hearing and the revocation of his current representative. The issues include reopening the claim for service connection for hearing loss, as well as claims for various other conditions.

The Veteran's service-connected low back disability is not productive of limitation of flexion to 30 degrees, favorable ankylosis of the entire thoracolumbar spine, or incapacitating episodes having a total duration of at least four weeks but less than six weeks during the past twelve months. Therefore, his claim for an increased rating in excess of 20 percent is denied.

The Board has remanded the Veteran's claims for hypertension and low back disability due to incomplete medical records and further examination.

The Board found that the Veteran's claim for service connection for residuals of umbilical hernia, back disability, and left hip disability was denied. The claim for residuals of circumcision was not addressed as it did not involve a determination on service connection.

The Board has determined that the Veteran's claimed right shoulder injury, right hip and groin disability, and back disability are not service-connected as they do not meet the criteria for direct service connection.

The Board denied service connection for hearing loss and did not address the back disability claim. The Board also determined that new and material evidence had not been submitted to reopen the back disability claim.

The Board found that the Veteran's low back disability was not incurred in or aggravated by active service, and thus denied his claim for service connection.

The Veteran's lumbar spine disability is currently evaluated at 20 percent, but the evidence does not support a higher evaluation based on current symptomatology.

The Veteran's back disability, characterized by intervertebral disc syndrome with limitation of motion and radiculopathy in both lower extremities, has been rated at 40 percent since the initial rating decision. The appeal is granted as his condition warrants a higher rating.