Back / lumbar spine decisions — 2010

The Board denied the Veteran's claims for service connection for Bartter's Syndrome, bilateral hearing loss, tinnitus, a low back disability, and PTSD. The decision also addressed whether new and material evidence had been received to reopen the claim for Bartter's Syndrome.

The Board has denied the Veteran's claims to reopen his service connection claims for an acquired psychiatric disorder and a back disorder. The claim to reopen for an acquired psychiatric disorder was denied because no new and material evidence had been submitted, and the claim to reopen for a back disorder was denied due to lack of in-service incurrence or aggravation.,The Board also found that there is insufficient medical evidence to support the Veteran's claim for service connection for a seizure disorder (claimed as due to head injury). The VA examiner could not find any military medical records supporting the Veteran's contention of a head injury.

The Veteran's degenerative disc disease of the lumbar spine is currently rated at 40 percent, effective December 5, 2005. His GERD and radiculopathy are both rated as 10 percent disabling.

The Veteran's claim for a higher rating for his service-connected degenerative arthritis of the lumbar spine is being remanded due to unclear findings from an earlier examination and new evidence indicating worsening symptoms.

The Board found that the Veteran's current low back disability, including degenerative joint disease of the lumbar spine, is due to her pre-existing hypermobility/hyperflexibility syndrome, which manifested after separation from active service.

The Board denied the Veteran's claims for increased evaluations for his service-connected lumbar spine injury and fracture of thoracic spine T-9, finding that the evidence did not warrant ratings in excess of 40 percent and 10 percent, respectively.

The Board has found that the Veteran does not have a current gynecological disorder related to her active military service and therefore denied her claim for service connection.

The Veteran's appeal is being remanded for further development, including scheduling a hearing before a Veterans Law Judge.

The Veteran's claims for chronic back disorder and chronic sinusitis were denied as they are not shown to be related to his service or a service-connected disability.

The Board has remanded the case for additional development, including obtaining records from the Veteran's service in the Merchant Marines and a medical examination.

The Veteran's service connection for postoperative residuals of a left varicocele was granted with a 10% evaluation effective from August 1, 1994. The Board also found that the Veteran's chronic back disability and Peyronie's disease were not incurred during active duty.

The Board denied the Veteran's claims for service connection for cervical spine and lumbar spine disabilities, finding no new and material evidence to reopen the cervical spine claim and concluding that any current lumbar spine disability is not related to service.

The Veteran's appeal is denied as the preponderance of evidence does not support a higher rating for his service-connected left knee disability.

The Board found that there is no evidence linking the Veteran's current low back disorder to his period of active service or to any incidents therein, and denied the claim for service connection.

The Board has granted service connection for cervical spine degenerative disc disease and right Achilles tendonitis, with initial noncompensable ratings being granted.

All issues on appeal have been withdrawn by the Veteran and his representative.

The Board found that the Veteran's obesity was not caused by or related to his period of active military service. The issues regarding a back disorder, an acquired psychiatric disorder (including a stress disorder and dysthymic disorder), and sleep apnea are addressed in the REMAND portion of the decision.

The Board has granted the Veteran's request to reopen his previously denied claim for service connection for a back disorder. The claims for right and left ankle disorders, as well as the left knee disorder (secondary to right knee disability), are addressed. The Veteran is scheduled for VA examinations to assess the etiology of these conditions.

The Veteran's degenerative arthritis of the lumbosacral spine is currently rated at 10 percent, and his lumbar radiculopathy is separately rated at 10 percent. The current ratings are appropriate based on the evidence of record.

The Board has determined that additional development is needed to obtain the Veteran's service treatment records and to provide him with appropriate VA examinations. The claims will be remanded for these actions.