Back / lumbar spine decisions — 2010

The Veteran is granted service connection for patellofemoral pain syndrome of the bilateral knees with degenerative changes, psychiatric disorder (adjustment disorder and major depressive disorder), DJD of the lumbosacral spine, and tinnitus.,Service connection is established based on a legal presumption due to in-service noise exposure.

The Veteran seeks service connection for a back disability, which he claims is related to a landmine blast during his military service. The claim will be remanded for further development including obtaining medical records and an examination.

The Board finds that the Veteran's death was not caused by or substantially or materially contributed to by a disability incurred in or aggravated by his active duty service, including his service-connected residuals of brain trauma.

The Veteran's appeal is being remanded for additional development, including a VA examination to assess the severity of his back disability and whether he is unemployable due to service-connected disabilities. The issue of service connection for bilateral hearing loss will also be addressed.

The Veteran's service-connected low back disability was rated at 20 percent prior to April 26, 2006. The rating is maintained as the condition did not meet criteria for a higher evaluation.

The Board has remanded the case for additional development, including obtaining VA treatment records and conducting neurological examinations to determine the severity of the appellant's lumbar spine disability.

The Veteran's lumbar spine disability has been rated as 40 percent disabling since December 20, 2006. The rating is based on the limitation of motion and ankylosis of part of the lumbar spine.

The Veteran's low back disability is currently rated at 20 percent, and the Board finds that this rating adequately reflects his current functional limitations.

The Veteran's service-connected lumbar spine disability and bilateral lower extremity neuropathy have prevented him from securing or following a substantially gainful occupation since July 29, 2008. However, prior to that date, the evidence is in equipoise as to whether his service-connected disabilities rendered him unemployable.

The Board has determined that arthritis, including degenerative diseases of the spine and knees, was not incurred in or aggravated by active military service.

The Veteran does not have a current diagnosis of a chronic low back disorder and the preponderance of evidence shows that his in-service complaints resolved without residual disability. Therefore, service connection for a low back disorder is denied.

The Veteran's service-connected disabilities (PTSD, left shoulder and hip disabilities, and a back disability) may prevent him from obtaining or maintaining substantially gainful employment.

The Veteran's appeal is being remanded for further development and examination to determine the nature, extent, and etiology of his claimed hearing loss, right shoulder disorder, and degenerative joint disease of the lumbar spine.

The Veteran's appeal for service connection for a back disorder was withdrawn. The Board found that his erectile dysfunction and groin injury residuals are not related to active duty service, nor is there evidence of a current sleep disorder.

The Veteran's appeal is being remanded for further development and examination to determine the etiology of his hearing loss and back disorder.

The Veteran is seeking an increased rating for his service-connected degenerative disc disease L3-4, but the case has been remanded due to a lack of recent VA examination and the need to distinguish symptoms attributable to this condition from those related to any other disability.

The Board found no evidence of a back injury during active service or ACDUTRA, and thus denied the Veteran's claim for service connection for his lumbar spine disorder.

The Board has decided to remand the case for further development, including obtaining VA clinical records and scheduling a VA examination.

The Veteran's claim for increased ratings for her lumbar strain with degenerative changes was denied. She is currently evaluated at 20 percent since November 28, 2008.

The Board found that the Veteran's current low back disorder is not related to his service-connected left hand disorder or any other service-connected disability, and thus denied his claim for service connection.