Back / lumbar spine decisions — 2011

The Veteran's service-connected lower back disability renders him unable to secure and follow a substantially gainful occupation, meeting the criteria for a TDIU.

The Board has granted service connection for various conditions, including a psychiatric disorder, joint pain, chronic diarrhea, headaches, pseudotumor cerebri, and low back disorder, all of which are found to be related to the Veteran's active duty in the Southwest Asia theater during the Persian Gulf War.

The Veteran's lumbar spine DDD has been rated at 40 percent since December 31, 2005. Separate evaluations of 20 percent each have been assigned for lower extremity radiculopathy prior to August 31, 2006. The effective date for TDIU due to service-connected lumbar spine DDD has been set at December 31, 2005.

The Board found that the Veteran's preexisting back disability was not aggravated by his military service and denied both claims for service connection and TDIU.

The Board found that a chronic upper back disability of the thoracic and cervical spine was not incurred during service or due to a service-connected condition, and thus denied the Veteran's claim for service connection.

The Board has granted the Veteran's claims for service connection for herpes simplex and residuals of a low back injury, finding that there is sufficient evidence to establish continuity of symptoms since service.

The Board has remanded the case for further development, including obtaining VA treatment records and scheduling new orthopedic and neurological examinations to determine the etiology of any lumbar spine condition found.

The Veteran's appeal is remanded for additional development, including a VA examination to assess the severity of his service-connected low back disability and an opinion on whether he is unemployable due to his disabilities.

The appellant's service-connected disabilities have not precluded substantially gainful employment, thus warranting a total disability rating based on individual unemployability (TDIU).

The Veteran's appeal for service connection for a low back disability, claimed as secondary to his service-connected left ankle disability, has been dismissed due to his failure to provide necessary information and releases for pertinent records.

The Veteran's claim for increased ratings for his service-connected lumbar strain with degenerative disc disease and spinal stenosis, status post-surgical fusion is being remanded due to the need for additional evidence and a new VA examination.

The Board has determined that additional development is needed to determine the nature and etiology of the appellant's low back disability, including whether it was incurred or aggravated during her period of active duty from January 2005 to March 2006. The right toe issue also requires further examination and opinion regarding its etiology.

The Veteran's lumbar strain has been rated at 20 percent since June 9, 2004. The Board finds that the evidence does not support a higher rating.

The Board has determined that the appellant does not have a current diagnosis of a low back disability or chronic ear infection, and thus service connection for these conditions is denied.

The Board has determined that the Veteran's right knee strain, left knee strain, and lumbosacral strain are aggravated by his service-connected residuals of a right ankle fracture. As such, these conditions are considered secondary to his service-connected disability.

The Veteran's current diagnoses of degenerative arthritis and degenerative disc disease of the lumbar spine are related to his active military service, as evidenced by his in-service injury during his time as a Lifeguard. The Board finds that the evidence supports granting service connection for these conditions.

The Board found no evidence of a pre-existing low back disability and concluded that the Veteran did not incur or aggravate his current low back disability during active duty. As such, service connection for this condition is denied.

The Veteran's claim for service connection for tinnitus was granted. The claim to reopen his low back disability was denied, as new and material evidence had not been submitted. His claim for an increased rating for bilateral sensorineural hearing loss was also denied.

The Veteran's claims for service connection have been reopened, but the evidence does not meet the criteria for establishing service connection in any of the conditions listed.

The Veteran's claims for service connection for various conditions, including fibromyalgia and related disabilities of the neck, thoracic spine, lumbar spine, shoulders, and legs, have been granted.