Back / lumbar spine decisions — 2010

The Veteran's claim for service connection for degenerative disc disease of the lumbar spine was denied. The claims for increased evaluations for his left knee and right knee disabilities, as well as TDIU prior to March 12, 2009, were also denied.

The Veteran's service-connected low back strain has been primarily manifested by decreased range of motion with pain radiating into his lower extremities. However, the disability does not meet the criteria for a higher rating as it does not result in forward flexion limited to 30 degrees or less, nor does it involve ankylosis of the thoracolumbar spine.

The Veteran withdrew his appeal for service connection of a back disorder, so the Board does not have jurisdiction to consider it.

The Veteran's bilateral pes planus is currently evaluated at 30 percent, and the Board finds that a higher evaluation of 50 percent is warranted. The Veteran's other service-connected conditions are also considered in determining whether an increased rating is warranted.

The Board has ordered the VA to search for and provide any additional service treatment records related to the Veteran's claimed lumbar spine disability during his service in Vietnam. The case will be remanded for further development, including a potential VA examination, and readjudication.

The Board has determined that the Veteran's tinnitus and low back disability are related to his service, with the tinnitus likely due to acoustic trauma during combat in Vietnam and the low back disability linked to an incident involving a drop from a helicopter. The claim for service connection is granted.

The Board denied service connection for bilateral knee, cervical spine, and low back disabilities secondary to service-connected pes planus. The Veteran's claims were based on the presumption of secondary service connection.

The Board found that the Veteran's bilateral hearing loss was not incurred in or aggravated by active military service and denied his claim for service connection.

The Board has determined that the Veteran's claimed conditions are not related to service, and thus denied his claims.

The Veteran's claims for increased rating and TDIU related to his low back disability are being remanded due to the need for additional medical examination, as well as obtaining outstanding VA and SSA records.

The Veteran's low back strain is currently rated at 40 percent, but the evidence does not support a higher rating as his range of motion and functional loss do not warrant an evaluation in excess of 40 percent.

The Board has granted service connection for the Veteran's degenerative joint disease of the lumbar spine with left leg sciatica, finding that it is at least as likely as not related to his in-service injury.

The Board has remanded the case due to insufficient evidence regarding whether the low back disorder is related to service, including a parachute landing injury in 2002.

The Board finds that the Veteran did not have meningitis in service and there is no current evidence of a disability related to his in-service illness. Therefore, he does not meet the criteria for service connection.

The Veteran's claim for restoration of a 40 percent evaluation for his lumbar strain with degenerative joint disease and degenerative disc disease of the lumbar spine, associated with a right side pelvic fracture with deformity is granted.

The Board has determined that new and material evidence has not been received to reopen claims for service connection for a low back disorder, bilateral knee disorder, or hypertension. The claim for service connection for a left shoulder disorder is denied as there is no competent evidence of an in-service injury related to the current condition.

The Veteran's service connection claims for a lumbar spine condition, diabetes mellitus, rosacea, bilateral hip condition, onychomycosis, urticaria (urticaria), sinusitis, and fatigue were all denied. The claim for compensation under 38 U.S.C.A. § 1151 for urticaria was granted.

The Board denied all of the Veteran's claims, including service connection for carpal tunnel syndrome and obstructive sleep apnea. The low back disability claim was also denied as there is no evidence that it began during or because of service.

The Veteran's low back strain has been rated as 10 percent disabling from November 28, 2000 through March 11, 2009. The Board found that the disability did not warrant a higher rating during this period.

The Veteran's service-connected disabilities do not meet the schedular criteria for a TDIU and are not shown to be unable to obtain and retain substantially gainful employment due solely to service-connected disability.