Back / lumbar spine decisions — 2011

The Board has determined that the Veteran's low back disorder, diagnosed as lumbar spine strain, was incurred in service and is granted service connection.

The Board has determined that the Veteran does not have a current diagnosis of hemorrhoids, dengue fever, or low back disorder that is due to any incident or event in active military service.

The Veteran's petition to reopen service connection for a low back disorder is remanded. The claims for increased ratings for herpes simplex II and hyperkeratotic folliculitis of the neck are also remanded.

The Board has granted service connection for degenerative joint disease of the cervical spine and disc disease of the lumbosacral spine, as well as radiculopathy of the right upper extremity.

The Board found no evidence linking the Veteran's back disability to his service-connected bilateral pes planus with post-operative bunionectomy of the right foot and bunion of the left foot with valgus deformity and hyperkeratosis, thus denying the claim for service connection.

The Veteran is entitled to a total rating based on individual unemployability due to his service-connected disabilities, effective January 26, 2007.

The Veteran's adjustment disorder with depression was rated at 50 percent prior to November 18, 2008 and from that date onwards. The rating for lumbosacral strain remains unchanged.

The Board found that the Veteran's current low back disability did not result from service and is not related to any injury or disease incurred during active duty. The pre-existing condition was not aggravated by service.

The Veteran's claim for service connection for an organic low back disability and right lower extremity radiculopathy was granted, but the effective dates are not specified as they were not provided in the decision.

The appeal is being remanded due to the timeliness of the Veteran's substantive appeal and a need to reconsider whether new and material evidence has been received to reopen his claim for service connection for low back disability.

The Veteran's TDIU claim was denied as his service-connected disabilities are not severe enough to prevent him from securing and following a substantially gainful occupation.

The Veteran's low back disorder is currently rated at 20 percent, the maximum schedular rating available under the General Rating Formula for Diseases and Injuries of the Spine. The Board found no evidence of ankylosis or other disabling conditions warranting a higher rating.

The Veteran's claim for service connection for hepatitis C and lumbar radiculopathy was granted. The Board found that the current conditions are related to in-service events or exposures.

The Veteran's claims for service connection for hearing loss, right hand disability (claimed as residuals of a fracture of the third finger), right hip disability, bone disorder (claimed as residuals of fractured ribs), and low back disability have all been denied. The Board found no evidence linking these conditions to service.

The Board has determined that service connection for a low back disorder is granted, and the issue of entitlement to TDIU will be remanded for further development.

The Board found no evidence of a current low back disability and denied the claim for service connection.

The Board has remanded the case for further development due to incomplete service treatment records and other issues.

The Board found no evidence of a low back disability related to service and denied the claim.

The Veteran's claim for service connection for residuals of exposure to ionizing radiation was denied as there is no evidence that he was exposed to ionizing radiation during his active duty. The Board found that infertility, which the Veteran claimed was due to his alleged radiation exposure, is not a radiogenic disease and therefore not service connected.

The RO proposed to discontinue the Veteran's TDIU and DEA benefits, but found that she had been substantially and gainfully employed for at least twelve months. The RO then granted restoration of her TDIU rating.,The RO also restored the Veteran's DEA benefits as they were based on a permanent total service-connected disability.