Back / lumbar spine decisions — 2010

The Veteran's service-connected disabilities do not result in loss or permanent loss of use of one or both feet, hands, knees, or hips. The Board denied the claim as the criteria for automobile and adaptive equipment or adaptive equipment only have not been met.

The Veteran's claim for an increased rating for bilateral pes planus was granted, with a current evaluation of 30 percent effective March 21, 2009. The claim for service connection for lumbosacral strain secondary to bilateral pes planus remains pending.

The Veteran's service-connected degenerative disc disease of the lumbar spine is rated at 20 percent, and he is granted separate evaluations for right- and left-sided mild incomplete paralysis of the sciatic nerve.

The Board found that the Veteran's current low back disability was not incurred in or aggravated by his active service and is not proximately due to or the result of service-connected grand mal seizure disorder.

The Veteran's claim for a higher disability rating for lumbosacral strain with degenerative disc disease was remanded due to the need for additional development, including an orthopedic/neurological medical examination and X-rays. The case is now being returned to the Board for readjudication.

The Veteran's claims for higher initial ratings for DDD of the cervical and lumbar spine were denied as his conditions did not meet the criteria for a rating in excess of 20 percent under the effective September 23, 2002 or September 26, 2003 rating criteria.

The Veteran's claim for service connection for lumbar degenerative disc disease with chronic pain is being remanded due to the need to obtain Social Security Administration (SSA) records.

The Board has denied the Veteran's claims of service connection for right ear hearing loss and residuals of a low back injury due to lack of evidence showing current disabilities or a link between service and these conditions.

The Board has determined that the Veteran does not have a current low back disorder, right hand disorder, bilateral knee disorder, upper back disorder, or left ankle disorder. The Veteran's service treatment records do not show any chronic conditions related to his military service and there is no competent medical evidence linking these disorders to his period of active duty.

The Board has granted service connection for a low back disorder based on aggravation of a pre-existing condition, and has also found that the Veteran is entitled to TDIU due to his service-connected disabilities.

The Board denied service connection for bilateral sensorineural hearing loss and low back disorder, but granted service connection for PTSD. The Veteran's claims were remanded multiple times due to procedural issues.

The Veteran withdrew his appeals for the issues of entitlement to an initial evaluation in excess of 10 percent for PTSD and major depression, entitlement to service connection for a low back disorder, and entitlement to an increased rating greater than 50 percent for PTSD on and after October 5, 2007.

The Board found that the reduction of the evaluation for the Veteran's service-connected lumbar myalgias from 40% to 20%, effective February 1, 2007, was proper based on improvement in range of motion.

The Veteran's claim for an initial compensable evaluation for scar, residuals of a right inguinal hernia repair was denied. The Board also found that the preponderance of the evidence is against an initial compensable evaluation for this condition under either the former or amended criteria during the appeal period. For his low back disorder, the Veteran's claim for an effective date earlier than October 6, 2000, and a higher initial evaluation was denied.

The Veteran's appeal is being remanded due to procedural issues, including the failure to schedule a hearing. The claims for PTSD, herniated disc of the lumbar spine, and hypertension are still pending.

The Veteran's claims for service connection for spondylosis of the cervical spine with degenerative disc disease C5-6 and C7, left varicocele, and right shoulder bursitis are all denied as there is no current evidence of a disability or nexus to service.

The Veteran's appeal is being remanded for additional development and consideration of his claims, including a TDIU rating and an extraschedular rating due to service-connected disabilities.

The Veteran's claims for increased ratings for his service-connected degenerative changes of the lumbar spine with back strain, right knee, and left knee disabilities were denied as there was no evidence showing that any condition warranted a rating higher than the current assigned disability ratings.

The Veteran's claims for service connection for a low back disorder and right knee disorder were denied, while his claim for acid reflux was granted. The claim for an initial rating in excess of 10 percent for tinea versicolor is not established.

The Board has determined that the submitted evidence does not relate to the unestablished facts necessary to substantiate the claims of service connection for skin, lumbar spine, right knee and left knee disabilities. The Veteran's current disabilities are not related to his service.