Back / lumbar spine decisions — 2010

The Board denied the Veteran's claims for increased evaluations for her mechanical low back pain, finding that the evidence did not support a higher evaluation prior to December 18, 2007 and on or after December 18, 2007.

The Veteran's appeal is being held in abeyance due to the intertwining of his peripheral neuropathy claim with a back disability claim. The Board will consider both claims together.

The Board denied the Veteran's claims for service connection for a cervical spine disorder, his claim to reopen for service connection for a low back disorder, and his claims for compensable ratings for brachial plexus compression. The decision also addressed whether he was entitled to a 10 percent rating under 38 C.F.R. § 3.324 for multiple, nonservice-connected disabilities and TDIU entitlement.

The Board has determined that the Veteran's low back disability, diagnosed as lumbar disc disease with mild degeneration and disc herniation at L4-L5, is etiologically related to an incident of his military service. As a result, the claim for service connection is granted.

The Veteran's lumbar spine disability has been rated at 40% and is now rated at 60%, effective from the date of this decision. The Veteran also meets criteria for a TDIU, effective from the date of his claim.

The Veteran's appeal is being remanded for further development of his claims, including obtaining VA treatment records and arranging for examinations to assess the nature and severity of his hiatal hernia, low back disability, and bilateral knee disabilities.

The Board has determined that new and material evidence has been submitted to reopen the claims for service connection for a lumbosacral strain, bilateral hearing loss, spontaneous pneumothorax with persistent air leak, status post right thoracotomy, giant bullous disease, and chronic obstructive pulmonary disease (claimed as lung condition due to asbestosis exposure), PTSD, and a mental disorder other than PTSD. The claims for service connection for the lumbosacral strain and bilateral hearing loss are denied on their merits, while the claims for spontaneous pneumothorax with persistent air leak, status post right thoracotomy, giant bullous disease, and chronic obstructive pulmonary disease (claimed as lung condition due to asbestosis exposure), PTSD, and a mental disorder other than PTSD are reopened.

The Board denied the Veteran's application to reopen his claim for service connection of degenerative disc disease of the L4-5 region secondary to service-connected degenerative changes of the knees, finding that the evidence did not raise a reasonable possibility of substantiating the claim.

The Board denied service connection for a back disability and joint pain as there is no evidence of current disabilities at the time of adjudication.

The Veteran's claims for service connection for a dental disorder and back condition with intermittent radiculopathy and sciatica were denied. The claim for the dental disorder was denied as it is not compensable under VA regulations, while the claim for the back condition was denied on the basis that there was no evidence linking the current disability to service or service-connected conditions.

The Veteran's appeal is being remanded for a new VA examination to assess the severity of his lumbosacral strain and any neurological component.

The Veteran's claim for a compensable rating for rheumatoid arthritis, multiple joints was denied as there is no evidence of the condition. The issues of service connection for bilateral shoulder disability, right hip disability, left hip disability (status-post hip replacement), and lumbar spine disability are addressed in the REMAND portion of this decision.

The Board has reopened the Veteran's claim for service connection for a low back condition, finding that new and material evidence had been received. The Board also found that the Veteran's current low back condition is related to his in-service injury.

The Veteran's appeal for a higher rating for thoracolumbar spine disability has been dismissed as the Veteran withdrew her appeal during the hearing.

The Board has restored the Veteran's original 40 percent rating for his service-connected degenerative changes of the thoracolumbar spine (T12-L5) with flexion ankylosis, effective December 1, 2009. The Veteran is also granted TDIU.

The Veteran's claims for service connection and increased rating for his claimed conditions have been denied. The Board found that the submitted evidence was not new and material to reopen the claim of service connection, and did not meet the criteria for an evaluation in excess of 50 percent for generalized anxiety disorder.

The Veteran's claim for service connection for a back disability has been reopened.,Service connection for blindness in the right eye is denied as there is no evidence of an in-service injury or disease that caused the current condition.

The Board is remanding the case to obtain additional development and determine whether new evidence has been presented to reopen a previously denied claim for service connection for bilateral hearing loss, as well as other issues related to exposure to Agent Orange and other conditions.

The Veteran's claims for increased ratings and effective dates were denied, but the Board remanded them for further development.,Service connection was granted for right ankle traumatic arthritis with an effective date of November 14, 2006.

The Veteran's service connection claims for PTSD, an acquired psychiatric disorder other than PTSD, a left hip disorder, and a low back disorder are all granted. The claims for numbness of the hands and feet are denied.