Back / lumbar spine decisions — 2011

The Veteran's claim for a higher initial evaluation for his service-connected lumbar spine disorder was denied. The appeal regarding asthma and the increased rating for depression with PTSD is not addressed in this decision.

The Board has denied the Veteran's claims for service connection for a low back disability and sinusitis, finding no evidence of current disabilities or chronic conditions in service.

The Veteran's claim for service connection for residuals of a head injury is granted. He is also awarded an initial compensable evaluation (10%) for hypertension, and a 20% evaluation for hemorrhoids prior to January 25, 2008. The Veteran's GERD is rated as 10%. These evaluations are effective from the date of service discharge.

The Board has granted service connection for a skin disorder (dermatitis) and denied service connection for a lumbar spine disorder. The Veteran's current back pain is not linked to his military service, but he has had dry itchy skin since service.

The Veteran's PTSD is rated at 50% and his degenerative disc disease with neural foraminal stenosis on the right at L5-S1 is rated at 20%. The radiculopathy of the left leg is rated at 10%. These ratings are granted.

The Veteran's lumbosacral strain disability is currently rated at 20 percent since December 8, 2010. Prior to that date, the disability was rated at 10 percent.

The Board has determined that the Veteran does not have a current disability related to service for bilateral hearing loss and tinnitus. The preponderance of evidence is against finding that these conditions had their onset or were otherwise related to service.

The Board has determined that additional development is needed to clarify the Veteran's service dates and obtain his medical records. The case will be remanded for these actions.

The Veteran's claim for service connection for degenerative joint disease of the lumbar spine, to include as secondary to his service-connected left knee disability, is being remanded for further development.

The Veteran's claim for increased ratings for his lumbosacral strain with degenerative disc disease and right knee injury with patellofemoral syndrome has been granted, with the effective date being May 31, 2007.

The Board denied the Veteran's claims of service connection for tinea pedis, low back disability, facial skin disability, neck disability, and tinnitus. The decisions were based on a lack of evidence showing continuity of symptomatology or direct link to service.

The Veteran's claims for service connection are being remanded due to the need for additional development, including VA examinations and consideration of new evidence.

The Veteran's PTSD and dislocation of the right fibula with recurring tendonitis are rated at their current levels. The left knee disability and degenerative disc disease of the lumbar spine have been remanded for further review.

The Veteran's appeal is being remanded to gather additional information and conduct further examinations, as the current record does not provide sufficient details on his employment status and the impact of his service-connected low back disability.

The Board has determined that the appellant's low back disability is not incurred or aggravated by his active duty, and arthritis was not shown within one year of separation from service. The current low back disability is also not found to be proximately due to or aggravated by his service-connected left foot fracture.

The Board has determined that the Veteran's chronic lumbar strain with degenerative disc disease is related to his active military service and grants the claim for service connection.

The Board has determined that the Veteran's current right shoulder rotator cuff tendonitis, upper back disorder, and residuals of a neck injury are not related to service.,There is no evidence showing these conditions were incurred or aggravated during active duty.

The Board has determined that the appellant's claim for special monthly pension based on need for aid and attendance or housebound benefits requires additional development, including obtaining medical records and conducting a VA examination to assess his disability status and need for assistance.

The Veteran's claims for increased ratings for his service-connected lumbar spine, right knee instability, and patellar fracture of the right knee status post surgery are being remanded due to the need for additional development including new VA examinations.

The Board has decided to remand the Veteran's claims for service connection due to potential aggravation of his current cervical spine, lumbar spine, and bilateral hip disabilities during Reserve duty from April 30, 2002, to March 2004. The case will be sent back to the RO for further development including a VA examination.