Back / lumbar spine decisions — 2010

The Board has reopened the Veteran's claim of service connection for a low back disorder due to new evidence submitted since the last denial. However, the Board found that the current condition is less likely as not caused by or aggravated by military service.

The Veteran's lumbar spine disability is currently rated at 10 percent, but the Board found that it does not meet the criteria for a higher rating. The issues of service connection for a bilateral ankle disability are remanded.

The Veteran's lumbosacral strain has been rated at 40 percent since March 2001. The current rating is denied as the disability does not meet criteria for a higher rating.

The Veteran's claim for a reduction in the rating of his degenerative disc disease of the lumbar spine with fecal incontinence and syncope from 40 percent to 20 percent is being remanded due to procedural issues related to VCAA notice.

The Board has determined that the appellant's right knee and low back disabilities, as well as her bilateral carpal tunnel syndrome, may be related to service. However, due to the need for medical opinions on etiology, the claims are being remanded for further development.

The Board has determined that the Veteran does not have a neck disability, hearing loss, or prostate cancer that is attributable to his periods of active military service. However, it is as likely as not that the Veteran's prostate cancer is related to herbicide exposure during his period of active military service.

The Veteran's lumbar spondylosis has not been manifested by forward flexion of the thoracolumbar spine 30 degrees or less, and thus does not warrant a higher rating than the current 20 percent assigned.

The Veteran's tinnitus is related to his in-service noise exposure, and service connection for this condition is granted. The Veteran's bilateral hearing loss is currently rated at 20 percent, effective May 16, 2005. Service connection for the residuals of cold injury (frozen feet) is granted. Service connection for a back disorder (residuals of spinal meningitis) and knee disorders are also granted.

The Veteran's appeal is being remanded due to the need for additional development, including scheduling a videoconference hearing.

The Board has remanded the veteran's claims for additional development due to incomplete verification of his periods of active duty, ACDUTRA, and INACDUTRA service. The appellant is required to provide information on when he was in these types of service.

The Veteran's appeal was dismissed due to his death during the pendency of the appeal.

The Board is remanding the case for further development, including obtaining VA treatment records from 2008 onwards and attempting to associate them with the Veteran's claims file.

The Board has remanded the case for a VA examination to determine if the Veteran's current low back disability is related to her in-service fall and whether it was aggravated by her pre-existing scoliosis.

The Veteran's service-connected degenerative disc and joint disease of the lumbar spine has been rated at 10 percent since separation from service. The cervical spine disability was initially rated as noncompensable, but was increased to 10 percent effective March 24, 2006.

The Veteran's claim for an initial rating in excess of 20 percent for his service-connected low back disorder was denied. The evidence did not show severe limitation of motion, intervertebral disc syndrome (IVDS), or chronic neurologic manifestations.

The Veteran asserts service connection for a low back disability and other conditions. The Board finds that additional verification of his Reserve service is needed.,The Veteran asserts service connection for bilateral hearing loss disability. The Board finds that additional verification of his Reserve service is needed and a new VA examination is necessary to determine the nature and etiology, including aggravation, of any hearing loss demonstrated to have existed either during service or prior to service.,The Veteran asserts service connection for gastrointestinal disability (GERD and hiatal hernia). The Board finds that additional verification of his Reserve service is needed and a new VA examination is necessary to determine the nature and etiology, including aggravation, of any gastrointestinal condition demonstrated to have existed either during service or prior to service.,The Veteran asserts service connection for chronic nasal allergies (sinusitis and/or rhinitis). The Board finds that additional verification of his Reserve service is needed and a new VA examination is necessary to determine the nature and etiology, including aggravation, of any chronic nasal allergy demonstrated to have existed either during service or prior to service.,The Veteran asserts service connection for pulmonary disability (bronchitis). The Board finds that additional verification of his Reserve service is needed and a new VA examination is necessary to determine the nature and etiology, including aggravation, of any bronchitis demonstrated to have existed either during service or prior to service.

The Board has denied the Veteran's claims for service connection for a low back disorder and a right knee disorder, finding that there is no evidence of chronic disability due to in-service injuries. The Board also found that continuity of symptomatology post-service does not support the claims.

The Board finds that the Veteran's low back disorder and leg length discrepancy are secondary to his service-connected right knee disability, warranting service connection.

The Board denied the Veteran's claims for service connection for a low back disability and an increased rating for right knee patellofemoral pain syndrome, finding that new and material evidence had not been submitted to reopen the low back disability claim.

The Board has granted an initial evaluation of 10 percent for the lumbar spine disability and a 30 percent evaluation for the gastric ulcer disability, effective from July 31, 2004. The appellant's claim remains in appellate status as his increased rating claims are not yet resolved.