Back / lumbar spine decisions — 2010

The Board found that the Veteran's low back disorder was neither caused nor aggravated by his service-connected left knee disability, and therefore denied both direct and secondary service connection.

The Veteran's service-connected lumbar spine degenerative arthritis and disc herniation was granted a disability rating of 40 percent effective November 3, 2006. The Board found that the condition did not meet criteria for an increased rating prior to this date.

The Board has denied service connection for a psychiatric disorder, back disorder, and bilateral hearing loss. The Veteran's claims were not supported by credible evidence of in-service stressors or medical nexus to his current conditions.

The Board found that the Veteran's back injury in service, which he reported lifting artillery rounds, is connected to his current chronic degenerative disc disease of the lumbar spine. The decision grants service connection for this condition.

The Veteran's lumbar spine disability is currently rated at 20 percent, and the Board finds that a higher rating is not warranted under the applicable criteria.

The Board found that the Veteran's claimed back disorder, bilateral knee disorder, and bilateral hip disorder are not related to his active duty service.

The Veteran's service-connected disabilities do not render him unable to secure and follow a substantially gainful occupation.

The Veteran's service-connected lumbar disc disease is currently rated at 40 percent, and the Board finds that it does not warrant a higher rating. The claim for a compensable rating for sensorineural hearing loss in the right ear was also denied.

The Veteran's service-connected DDD lumbosacral spine and HNP of L5-S1 were granted an increased evaluation to 40 percent effective December 2, 2004. The claim for higher ratings remains pending.

The Veteran's low back and right knee disabilities are not service-connected as they are secondary to his service-connected left knee disability. His left total knee replacement is currently rated at 30 percent.

The Veteran withdrew his appeal of the issue of entitlement to service connection for PTSD during a hearing before the Board. The remaining issues are remanded for additional development.

The Board has reopened the claim for service connection for a low back disability based on receipt of new and material evidence. The underlying issue is whether there is sufficient evidence to reopen the claim, given that the Veteran's private treatment providers have provided medical opinions linking her current low back disability to an in-service injury.

The Board has denied the Veteran's claims of service connection for hearing loss and low back strain. The decision is based on a finding that the Veteran does not have hearing loss attributable to his military service, and there is no evidence showing that he had low back strain during service or within one year after separation.

The Board denied the Veteran's claims for higher ratings for his service-connected right knee, left shoulder, lumbar spine, diabetes mellitus, and hypertension disabilities. The Veteran was not granted TDIU.

The Veteran's claim for a compensable evaluation for bilateral hearing loss was denied, and his claim to reopen the low back disorder service connection was also denied.

The Board has determined that additional development is needed to fully and fairly consider the Veteran's claims, including obtaining medical records and arranging for a VA examination.

The Veteran's claim for service connection for a bilateral foot condition was denied. The Board found that the Veteran does not have a current diagnosis of a bilateral foot condition and thus, cannot establish service connection.

The Board has remanded the case for additional development due to issues related to service connection, increased rating for PTSD, and earlier effective date for traumatic brain injury.

The Veteran's appeal was timely filed, but the criteria for establishing entitlement to vocational rehabilitation benefits pursuant to Chapter 31 of Title 38, United States Code, have not been met.

The Veteran's lumbar spine disability is currently rated at 60 percent, the maximum schedular rating available under Diagnostic Code 5293. The Board denied a higher initial rating as his symptoms do not meet or approximate the criteria for a higher evaluation.