Back / lumbar spine decisions — 2011

The Board has remanded the case due to the Veteran's request for a video hearing. The appeal will be handled in an expeditious manner.

The Board has determined that the Veteran's low back disability, left upper extremity peripheral neuropathy, right upper extremity peripheral neuropathy, and chronic disability manifested by right foot numbness were not incurred or aggravated during his military service. The Board found no medical evidence linking these conditions to his active duty.

The Board denied the Veteran's claims for increased ratings for his lumbosacral strain and cervical spine conditions, finding that the evidence did not support a higher rating under the applicable VA rating criteria.

The Veteran's low back disability was granted service connection with an initial rating of 20 percent effective December 30, 2005. The issues related to the right foot drop, sciatica, and sciatic sensory radiculopathy were also addressed.

The Veteran's appeal is being remanded for additional development, including obtaining medical records and scheduling examinations to assess the severity of his service-connected disabilities.

The Board found that the Veteran's current back disorder is not related to his service, including as secondary to a service-connected bilateral knee disability. The claim for service connection was denied.

The Veteran's service-connected low back disability and lower extremity radiculopathy are currently rated at 40 percent for the lumbar spine, and 10 percent each for the left and right lower extremities. The claim for increased ratings is denied as there is no evidence of unfavorable ankylosis or incapacitating episodes.

The Board found no evidence of a chronic low back disorder or bilateral hearing loss during service and concluded that the Veteran's current conditions are not related to his military service. The appeal is denied.

The Board found that the Veteran's low back disorder is not related to service and denied his claim for service connection. The issue of an initial increased evaluation for asthma was remanded.

The Veteran's low back pain with spondylosis of L5-S1 and cervical spine degenerative changes have not been shown to warrant a higher evaluation.

The Veteran's service-connected lumbar strain with scoliosis was not rated higher than 20 percent prior to July 22, 2009 and not rated higher than 40 percent as of that date.

The Board has remanded the case due to insufficient medical opinion regarding whether the Veteran's left knee and lumbar spine disorders are aggravated by his service-connected residuals of shrapnel wound to the left ankle.

The Veteran's claim for a compensable rating for left ear hearing loss with otitis media was denied. The Board found that the Veteran's current level of hearing impairment did not meet the criteria for a compensable evaluation.

The Board denied the Veteran's claims for service connection for bilateral hearing loss, an acquired psychiatric disorder (PTSD), a dental condition, and a bilateral eye disorder. The remaining claims were also denied.

The Veteran's claim for a rating in excess of 40 percent for spondylolisthesis of the lumbar spine, status post lumbar spine surgery with right radiculopathy, on an extraschedular basis under 38 C.F.R. § 3.321(b)(1) was denied. The TDIU claim was also denied.

The Board has remanded the case for further development, including obtaining an addendum opinion from a VA examiner regarding whether any current cervical spine disability is at least as likely as not related to the Veteran's service.

The Veteran's claim for increased disability ratings for her service-connected lumbosacral strain, left lower extremity radiculopathy, and cervical spine disc disease is denied due to the proper recoupment of separation pay from VA compensation benefits.

The Board has determined that the Veteran does not have a back disorder as a result of disease or injury during his active service, and therefore denied the claim for service connection.

The Board finds that no current chronic low back disability had onset during the Veteran's military service or within a year following service, nor was any chronic low back disability otherwise caused or aggravated during the Veteran's service. As such, the appeal is denied.

The Veteran's current cervical spondylosis, degenerative disc disease of the cervical spine, and right upper extremity radiculopathy were diagnosed in service. The Board finds that entitlement to service connection for a cervical spine disorder is granted.