Back / lumbar spine decisions — 2010

The Veteran's low back disability was previously rated at 40 percent prior to March 1, 2006 and reduced to 20 percent effective March 1, 2006. The Board finds the reduction proper as there was improvement in his condition.

The Board has determined that the Veteran's service-connected lower back disability warrants a rating of 20 percent, effective from the date of his claim. The Veteran is also granted an additional 10 percent rating for sciatica of the right lower extremity.

The Veteran's degenerative arthritis of the lumbar spine is related to his service-connected bilateral knee disabilities. The Board finds that the Veteran's statements are credible and consistent with other medical evidence, supporting a finding that his back pain is caused by his altered gait mechanics resulting from his service-connected bilateral knee disabilities.

The Board has granted service connection for PTSD and found a low back disorder was not incurred in or aggravated by active service.

The Veteran's cervical spine disability has been objectively shown to be manifested by no more than degenerative disc disease, a cervical spine range of motion of forward flexion of 0 to 45 degrees with pain beyond 35 degrees, extension of 0 to 45 degrees, right lateral flexion of 0 to 45 degrees with pain beyond 35 degrees, left lateral flexion of 0 to 45 degrees, right lateral rotation of 0 to 80 degrees with pain beyond 70 degrees, and left lateral flexion of 0 to 80 degrees; normal sensation around the neck and shoulders; normal upper extremity muscle strength, and no radiculopathy. As such, an initial evaluation in excess of 10 percent is not warranted for the Veteran's cervical spine degenerative disc disease at any time during the pendency of this appeal.

The Board has determined that the Appellant does not have a current low back disorder or bilateral hearing loss that can be attributed to service, specifically ACDUTRA or INACDUTRA. The Appellant's current conditions are deemed unrelated to his military service.

The Board found no evidence of a link between the Veteran's current low back disorder and his military service, deciding against granting service connection.

The Board found no evidence of a nexus between the Veteran's current low back disorder and his military service, including an injury in 1970. The claim for service connection was denied.

The Board found that the Veteran's medical expenses incurred on May 21, 2008 were not covered by VA because they did not meet the criteria for emergency treatment.

The Veteran's right arm tendonitis is currently rated at 20 percent from July 7, 2009. His mechanical low back pain remains at a 10 percent rating.

The Veteran's appeal is being remanded for additional development, including obtaining Social Security Administration records and a VA examination to assess the impact of his service-connected disabilities on his employment. The issue of entitlement to TDIU will be adjudicated as part of this process.

The Veteran does not have a low back disability that is attributable to military service.

The Board has determined that the Veteran's service-connected disorders, including bilateral pes planus and a lower back disorder, are at least as likely as not related to his currently diagnosed bilateral dorsal lateral midfoot varicosities, cervical spine degenerative disc disease at C5-C7, left hip degenerative joint disease, bilateral knee degenerative joint disease, and sacroiliac syndrome. As such, the criteria for service connection have been met.

The Board denied the Veteran's claims for service connection for asbestosis, residuals of bilateral eye injury, and back disorder. The claim for an initial compensable evaluation for bilateral sensorineural hearing loss is pending.

The Board has determined that the Veteran does not have a current disability diagnosed as arthritis of multiple joints. The lumbar spine disability is presumed to be due to natural progression and not service-connected.

The Veteran's appeal has been withdrawn, and the case is dismissed.

The Board has determined that the Veteran does not have a current right foot disorder and therefore cannot establish service connection for this condition. The claim of service connection for a lower back disorder is remanded as there are conflicting reports regarding its onset during service.

The Veteran's appeal is being remanded for additional development of his service-connected chronic low back strain with degenerative disc disease and dyshidrotic eczema and herpes simplex claims.

The Board has remanded the case for further development, including a VA examination to determine if the Veteran's current low back strain and upper back disability are related to service. The claims will be reconsidered based on the additional evidence.

The Veteran's appeal is remanded due to the need for a Travel Board hearing.