Back / lumbar spine decisions — 2010

The Board found that there is no current evidence of a bilateral foot disability, and the Veteran's lumbar spine and right wrist disabilities do not meet the criteria for higher initial ratings.

The Veteran's claims for increased ratings and service connection were denied. The initial rating for degenerative joint disease of the right foot was not granted as greater than 10 percent prior to November 18, 2009, and greater than 20 percent thereafter. Other claims for service connection or increased ratings were also denied.

The Veteran does not have a lumbar spine or right foot disability that was caused or aggravated by his service, and the Board finds no evidence of in-service occurrence of lumbar spine arthritis.

The Veteran's service connection claims for CFS and lumbar spine DDD have been granted on a presumptive basis due to his Persian Gulf service. The higher initial rating and TDIU claims are remanded as they are inextricably intertwined with the service connection issues.

The Board has determined that new and material evidence has been submitted to reopen the claim for service connection for a bilateral foot disorder. However, the Veteran's claims for lower jaw disability, neck disability, back disability, bilateral hearing loss, and tinnitus have all been denied as there is no clear or unmistakable evidence of aggravation by service.

The Veteran's service-connected low back disability is currently rated at 40 percent, and the Board finds that it does not warrant a higher rating based on current evidence.

The Veteran's PTSD was rated at 50 percent effective July 27, 2005. The appeal for an increased rating prior to May 14, 2009 is granted.

The Veteran's claims for service connection for left ankle, lumbar spine, and bilateral hip disabilities are being remanded due to the need for additional examinations and medical opinions.

The Board has remanded the claims of service connection for degenerative arthritis of the lumbar spine, a left knee disability, and arthritis due to issues related to secondary service connection.

The Veteran's low back injury residuals were not manifested by a moderate lumbar spine limitation of motion, lumbosacral muscle spasm on extreme forward bending, or associated service-connected neurological symptomatology. Therefore, the initial evaluation for his low back injury residuals prior to January 1, 2007 was denied.

The Veteran's limitation of motion of the lumbar spine has not been manifested by forward flexion of the thoracolumbar spine 30 degrees or less, nor have incapacitating episodes been shown. Therefore, an evaluation in excess of 20 percent is not warranted.

The Veteran's mechanical low back pain is productive of forward flexion limited to 30 degrees, meeting the criteria for a 40 percent disability evaluation.

The Veteran's appeal is being remanded for additional development, including obtaining medical records and providing the Veteran with VA compensation examinations.

The Board denied the Veteran's claim to reopen his service connection for a back disability, finding that new and material evidence had not been received. The Veteran was previously denied in October 1998 due to lack of service records indicating lumbar disc disease or muscle strain.

The Board has denied the Veteran's claims for service connection for tinnitus and a low back disability, as well as his request for an initial compensable rating for hearing loss. The appeal for service connection of the low back disability is dismissed due to withdrawal by the Veteran.

The Veteran's service-connected degenerative disc disease, L3-4, L4-5, and L5-S1 has been rated at 20 percent since August 7, 2007. The Board found that the evidence did not support a higher rating based on the current level of disability.

The Board has remanded the case due to the need for additional medical records and a VA examination, as well as issuance of an SOC on the TDIU issue.

The Veteran's claim for an initial rating in excess of 20 percent for low back disability is being remanded due to the need for a new VA examination and readjudication.

The Veteran's claims for service connection for hearing loss, tinnitus, and headaches were denied. The claim for residuals of injuries to the neck, low back, left arm, and left leg was granted with a specific effective date.

The Board has found that the Veteran's skin condition had its onset during active service and granted service connection for this condition. The back disability issue is pending further development.