Back / lumbar spine decisions — 2011

The Veteran's low back disability, characterized as degenerative changes in the lumbosacral spine, is currently rated at 10 percent and does not meet the criteria for a higher rating based on limitation of motion or incapacitating episodes.

The Board found no evidence of a chronic low back disorder during service and denied the claim for service connection.

The Board has determined that the Veteran's current right knee disability, status post right knee arthroplasty, and low back disability, diagnosed as lumbar spine strain, are related to service. The appeal is granted for these conditions.

The Board has determined that the Veteran's currently diagnosed lumbar strain is at least as likely as not related to his service, specifically during physical therapy for his right ankle disorder. The issue of entitlement to service connection for a right knee disorder is addressed in the REMAND portion of this decision.

The Veteran's claim for a total disability rating based on individual unemployability due to service-connected disabilities is being remanded for further development, including the provision of an updated VA examination and readjudication.

The Veteran's claims for increased ratings for acne, degenerative changes of the lumbar spine, and bilateral flat feet were denied.,There is no indication that any of these conditions are service-connected or related to exposure to specific environmental factors.

The Veteran's service-connected disabilities do not preclude him from securing and following substantially gainful employment.

The Veteran's service-connected disabilities, when considered in light of his education and occupational experience, render him unable to obtain or retain substantially gainful employment. The Board finds that he is entitled to TDIU benefits on an extra-schedular basis.

The Board has determined that the Veteran's current cervical spine disabilities, including cervical spondylosis, degenerative disc disease, and degenerative joint disease, are at least as likely as not incurred during his military service due to a motorcycle accident in 1972.

The Veteran's claims for service connection are being remanded due to the need for additional development, including a VA examination.

The Veteran's lumbar spine disability is not manifested by incapacitating episodes or unfavorable ankylosis of the entire thoracolumbar spine, and therefore, a rating in excess of 40 percent for her condition is denied.

The Board has remanded the Veteran's claims for increased ratings on an extraschedular basis due to additional development and adjudication of his TDIU claim.

The Veteran's claim for service connection for bilateral hearing loss is denied as he does not currently have a disability that meets the VA definition of hearing loss. The claims for hip, low back, left knee, and left ankle disabilities are remanded to obtain treatment records from Hohenfels, Germany, and to provide an opinion regarding their etiology.

The Veteran's service-connected low back strain with degenerative disc disease does not alone prevent him from securing or following a substantially gainful occupation, and therefore the claim for TDIU is denied.

The Board has determined that additional development is needed to determine the nature and etiology of the Veteran's hepatitis C, as well as to assess the current severity of his thoracic spine degenerative disc disease. The claims are being remanded for these purposes.

The Board has determined that additional VA examinations are needed to assess the current severity of the Veteran's service-connected right knee and back disabilities, as well as obtaining any pertinent private treatment records. The case is being remanded for these actions.

The Veteran's appeal is remanded for additional development, including obtaining VA examinations to address the nature and etiology of his claimed conditions.

The Veteran's appeal is being remanded for a Travel Board hearing due to his request.

The Veteran's appeal for an earlier effective date for the grant of service connection for degenerative disc disease of the lumbar spine was denied. The claim for TDIU remains pending.