Back / lumbar spine decisions — 2010

The Veteran's multiple disabilities, including bronchial asthma, renal insufficiency, diabetes mellitus, dextroscoliosis of the lumbar spine, osteoarthritis of both knees, and cataract, are reasonably certain to continue throughout his life and sufficiently severe to prevent him from following a substantially gainful occupation. The Board grants nonservice-connected pension benefits based on permanent and total disability.

The Board denied the Veteran's claims for earlier effective dates for the grants of service connection and increased ratings, finding that no valid claim was filed prior to October 11, 2005.

The Board has determined that new and material evidence has not been received to reopen the claims for service connection for sinusitis, left wrist disability, and low back disability. As such, these claims remain denied.

The Veteran's tinnitus was found to have its onset during active service and the Board granted service connection for this condition. The claim of service connection for a back disability is remanded due to insufficient evidence.

The Board denied reopening of the claim for service connection due to lack of new and material evidence, but granted the reopened claim based on the presumption that a pre-existing back disorder was aggravated by service.

The Veteran's back, ankle, and knee disabilities are not service-connected as they do not have onset in service or within one year of service. The Board finds that the medical evidence does not support a finding that these conditions were caused by military service.

The Board has determined that the Veteran's current back condition and acquired psychiatric disorder are not related to his active service.

The Board has denied the Veteran's claim for service connection for a chronic back disorder, finding that there is no evidence of an in-service injury or incident leading to his current condition.

The Veteran's claim for compensation under 38 U.S.C.A. § 1151 for pain and swelling in the right hip, migraine headaches, numbness and tingling in the left hand with loss of sensation in the arms and legs, a knot on the right foot, sluggishness and lack of responsiveness, and loss of bowel control was denied due to failure to meet the criteria for compensation under 38 U.S.C.A. § 1151.

The Board found no evidence of a low back disability in service or during the first post-service year, and denied service connection for residuals of a low back injury. The Veteran's hypertension was not shown to be related to his service, and thus service connection was also denied. Service connection for diabetes mellitus was also denied as there is no evidence it became manifest in service. Bilateral hearing loss was noted on entry but did not increase during service.

The Board found that the Veteran's neck and back conditions did not manifest during service or within one year thereafter, there is no continuity of symptomatology shown, and the disabilities have not been shown to be etiologically related to an event, disease, or injury in service. Therefore, the claims for service connection were denied.

The Board denied a separate compensable rating for objective neurological abnormalities associated with the service-connected degenerative joint disease and degenerative disc disease of the lumbar spine, finding no evidence of such abnormalities.

The Board has granted service connection for a low back disorder as secondary to the Veteran's service-connected bilateral pes planus. The initial ratings for degenerative joint disease of various joints have been granted.

The Veteran's service-connected disabilities, including bilateral hearing loss, degenerative disc disease of the lumbar spine, and tinnitus, meet the criteria for a TDIU effective September 17, 2009. The claim is remanded to consider entitlement to a TDIU prior to that date on an extra-schedular basis.

The Board has determined that the Veteran's degenerative disc disease at L5-S1 had its onset in service and is therefore granted service connection.

The Board has granted an initial rating of 20 percent for the service-connected degenerative joint disease of the lumbar spine, with bulging disc at L4-5 and L5-S1.

The Veteran's claims for an initial compensable rating prior to May 5, 2005 and a rating in excess of 20 percent since that date for his service-connected urethritis were denied. Service connection was also denied for PTSD and low back disorder.

The Board has determined that additional development is necessary before the claims for service connection for back disability, right knee disability, left knee disability, right hip disability, and left hip disability can be decided.

The Board has reopened the Veteran's claims for service connection for chronic pain involving the low back, hips, shoulders and legs (claimed as 'bone disease') and thyroid cancer due to herbicide exposure. However, the evidence does not meet the criteria for service connection under any applicable law or regulation.

The Veteran's low back disorder does not meet the criteria for a higher rating under any applicable diagnostic code.