Back / lumbar spine decisions — 2010

The Veteran's degenerative disc disease of the lumbosacral spine is currently rated at 20 percent, and a higher rating of 40 percent has been granted.

The Board has ordered a remand to provide the Veteran with an adequate VA examination to determine the nature and current severity of his lumbar spine disorder, including whether it is related to service or secondary to his service-connected knee disabilities.

The Veteran's appeal has been withdrawn with respect to the issues of service connection for COPD, right knee chondromalacia, and left knee post traumatic degenerative joint disease. The case is being remanded for additional development regarding cervical spine service connection.

The Board has denied the Veteran's claims for service connection for right knee ligamentous strain, left knee injury, and low back disability. The evidence does not support a finding of direct service connection for these conditions.

The Board has reopened the Veteran's claim for service connection for a low back disability due to new and material evidence submitted since the August 1982 denial. The Veteran was also provided with an additional VA examination.

The Board found that the Veteran did not have a chronic low back disability or arthritis of the lumbar spine during service, and these conditions are not related to his active duty. The Board also determined that he did not have an acquired psychiatric disability in service or within one year after separation from service.

The Board denied service connection for post-concussion syndrome and low back disability. The Veteran's claim for TDIU was also denied.

The Board found no current diagnosis of a low back disability and denied the Veteran's claim for service connection.

The Board has determined that the Veteran's lumbar spine disorder was not incurred in or aggravated by active service, and a bilateral foot disorder was not incurred in or aggravated by active service. The claims for service connection are therefore denied.

The Board has determined that the issue of service connection for a low back condition is not ripe for appeal and has ordered additional development to be completed.

The Board has remanded the case due to the need for additional development, including obtaining employment records and scheduling a VA examination.

The Board has reopened the claim for service connection of a low back disability and granted it, finding that new evidence supports the Veteran's contention that his current condition is related to an in-service injury during combat.

The Veteran's claims for higher initial ratings on multiple service-connected conditions were denied. The VA examinations and medical records did not support the requested increased ratings.

The Board denied the Veteran's claims for service connection for a bilateral knee disorder and increased ratings for lumbosacral strain with degenerative disc disease. The Veteran's current disabilities were found not to be related to his military service, and he was awarded a 20% disability rating for lumbosacral strain with degenerative disc disease beginning October 9, 2007.

The Veteran's PTSD is found to be related to his combat experiences during service, and the claim for service connection is granted. The claims for bilateral hearing loss, low back disability, heart disease (due to herbicide exposure), and hypertension are not addressed as they do not involve service connection.

The Board has determined that there is no evidence of a low back or left knee disability during service, and the Veteran's current disabilities are not shown to be related to his active duty. The claim for service connection for these conditions is denied.

The Board denied service connection for tinnitus, bilateral hearing loss, hemorrhoids (claimed as anal fissures), neck disability, lumbar spine disability, right and left knee disabilities, and right and left ankle disabilities. The Veteran's claims were remanded for further action.

The Veteran's claims of service connection for back disorder, right leg disorder, and bilateral hearing loss have been reopened. The new evidence provided a reasonable possibility of substantiating these claims.

The Veteran's claims for service connection for degenerative disc disease of the lumbar spine and cervical spine strain were denied. The Veteran was granted service connection for left posterior tibialis tendonitis, rated at 10% prior to October 24, 2007, and at 20% thereafter; right posterior tibialis tendonitis, also rated at 10% prior to March 27, 2009, and at 20% thereafter; and bilateral plantar fasciitis, each rated at 10%. The claims were denied as the conditions are not related to service-connected disabilities.

The Board has determined that an effective date earlier than January 30, 2006 for the grant of service connection for degenerative joint disease of the lumbar spine is not warranted.