Back / lumbar spine decisions — 2011

The Board denied the Veteran's claims for service connection for various conditions, including a skin disorder, left and right ear hearing loss, tinnitus, and low back disorder. The denial is based on insufficient evidence linking these conditions to his military service or exposure to herbicides.

The Veteran's lumbar spine injury and acquired psychiatric disorder (PTSD) are not service-connected.,Service connection for hearing loss is not addressed in this decision.

The Board is remanding the claims for service connection for left and right knee disorders, left and right shoulder disorders, headaches, vertigo, and hearing loss to the RO via the AMC for further development before readjudicating these claims on their underlying merits.

The Veteran's cervical spine disability is currently rated at 30 percent, but the Board finds that it does not meet the criteria for an evaluation in excess of this rating.

The Veteran's claims of higher ratings for his right femur fracture with hip arthralgia, chronic low back pain, and a fracture of the right acetabulum were denied. The claim for an initial compensable rating for left hip strain was also denied.

The Board has determined that the Veteran's degenerative disc disease of the lumbar spine did not manifest within one year following service and is not related to any aspect of his military service, including a coccyx injury in 1984. Therefore, service connection for this condition cannot be established.

The Veteran's back disorder is not service connected as there is no evidence of a current disability related to his in-service injury. The lung condition may be service-connected, but the VA examiner will need to provide an opinion on this issue.

The Veteran's death was attributed to natural causes, specifically end stage renal disease. The service-connected conditions (post-laminectomy lumbosacral disc disease and PTSD) are not considered contributory factors in his death.

The Board has remanded the Veteran's claims for additional development, including a VA functional capacity evaluation and an occupational skills assessment by a vocational rehabilitation counselor to determine suitable forms of substantially gainful employment in view of his disabilities.

The Board has determined that the Veteran's degenerative disc disease of the lumbar spine and acquired psychiatric disorder (panic disorder) were incurred in service.

The Board found that the Veteran's current lumbar spine disorder was not incurred in or aggravated by military service and arthritis may not be presumed to have been incurred therein.

The Board found no clear and unmistakable error in the July 1979 rating decision that reduced the Veteran's low back strain and cervical strain ratings from 10% to 0%. The decision concluded that the reduction was proper based on the Veteran's failure to report for scheduled VA examinations.

The Board has remanded the case due to insufficient medical nexus opinions regarding the Veteran's lumbar spine conditions and their relationship to service, as well as a new theory of entitlement related to his service-connected bilateral shin splints.

The Board has remanded the case due to failure to comply with previous instructions and lack of etiology opinion. The Veteran's claim for service connection is still pending.

The Veteran's neck and low back disorders are considered to be related to his service in the Southwest Asia theater, including his service during Operation Desert Storm.,Service connection for IBS was granted effective March 1, 2002.

The Veteran's service-connected bilateral pes planus was granted with an initial rating of 30 percent, effective May 19, 2010. The claim for higher ratings for the right knee and back disabilities is addressed in the REMAND portion.

The Veteran's right knee disability and degenerative disc disease (DDD) of the lumbar spine were not found to be related to service, and thus denied for service connection. The Veteran's DDD of the lumbar spine was also denied as it did not result in unfavorable ankylosis or incapacitating episodes.

The Veteran's degenerative disc disease of the lumbar spine is currently rated at 20 percent, effective from September 2006. The Board finds that a higher rating is warranted based on the evidence showing significant limitation of motion.

The Board has remanded the case for further development, including obtaining additional service personnel and treatment records to verify the appellant's periods of service and any diseases or injuries sustained in the line of duty. The Veteran's claims for service connection for low back disorder and cervical spine disorder will be reviewed based on the newly obtained evidence.

The Veteran's combined service-connected disability rating from January 1, 2007 is 60 percent. The medical evidence does not demonstrate that his service-connected epilepsy, left shoulder rotator cuff tear, L5-S1 degenerative disc disease, and tinnitus alone render him unable to secure or follow a substantially gainful occupation.