Back / lumbar spine decisions — 2010

The Board denied the Veteran's claims for service connection for left ear hearing loss, a cervical spine disorder, a low back disorder, a left shoulder disorder, and bilateral carpal tunnel syndrome. The Veteran was granted service connection for pseudofolliculitis barbae, left distal forearm scar, and right ear hearing loss with noncompensable evaluations assigned to each.

The Veteran's L4-5 intervertebral disc syndrome is currently rated at 30% and his T/R prior to March 2007 remains pending. The RO has granted a rating of 30% for IVDS, but the Veteran contends that he should receive a higher rating.

The Veteran's low back disorder is not service-connected, and his combined rating for service-connected disabilities does not meet the criteria for TDIU.

The Board found that the Veteran's current low back disability, diagnosed as degenerative disc disease (DDD), was not incurred in or aggravated by active service. The VA examiner concluded it is less likely than not related to any incident of his military service.

The Veteran's appeal for higher initial evaluations for residuals of a right ankle fracture, right ankle scar, and residual numbness of the tip of the right middle finger due to suture has been denied.,The Veteran withdrew his appeal regarding service connection for folliculitis.

The Board has determined that the Veteran's low back disability is related to service, and thus grants service connection for this condition.

The Veteran's upper back disorder and right leg condition are currently rated at 20 percent and 10 percent, respectively. The Board finds that the evidence does not support a higher rating for either condition.

The Veteran's spondylolisthesis of the lumbar spine, status post lumbar spine surgery with right radiculopathy is currently rated at 40 percent and denied for a higher rating.

The Board finds that the Veteran's thoracolumbar spine disorder and degenerative disc disease were not caused by VA medical treatment, and thus compensation under 38 U.S.C.A. § 1151 is denied. The cervical spine disorder was also not service-connected as secondary to the thoracolumbar spine disorder.

The Board has determined that the Veteran's current right knee, left knee, and back disabilities are not related to his military service. The evidence does not show any specific injuries or diagnoses during service, and there is no competent medical opinion linking these conditions to his time in the military.

The Board has remanded the case for additional development, including scheduling VA examinations and obtaining updated medical records. The Veteran's claims for an increased rating for lumbosacral strain and TDIU will be considered on both a schedular and extra-schedular basis.

The Board denied the Veteran's claims for service connection for sleep apnea, increased ratings for lumbar and cervical spine disabilities, and an earlier effective date for TDIU benefits.

The Veteran's service-connected tinnitus was found to be incurred in service, and he is granted service connection for this condition.

The Veteran's initial disability evaluations for service-connected spondylolisthesis of the lumbar spine were denied. The first evaluation was granted at a 10 percent rating effective February 2, 1998 and later increased to 20 percent on July 7, 2006.

The Veteran's claim for an increased evaluation in excess of 40 percent for his service-connected lumbar degenerative disc disease from November 25, 2009 was denied. The evidence did not meet the criteria for a higher rating.

The Veteran's appeals for increased ratings for lumbosacral strain and diabetes mellitus were denied by the Board. The Veteran did not meet the criteria for higher ratings under VA rating schedules.

The Board denied the Veteran's claims for service connection for cervical spondylosis, a low back disability, and an acquired psychiatric disability. The decision found that new evidence was not sufficient to reopen the claim for cervical spondylosis, and that there was no evidence of a nexus between current disabilities and active duty service.

The Veteran's claims for increased ratings for degenerative disc disease of the lumbosacral spine and right shoulder bursitis were denied as his conditions did not meet the criteria for higher disability evaluations.

The Veteran's appeal is being remanded for additional development, including obtaining SSA records and scheduling an examination to assess the extent of his low back disability.