Back / lumbar spine decisions — 2011

The Board has determined that the Veteran does not have any permanent residual disabilities resulting from injuries sustained during his National Guard service, and therefore, he is not entitled to service connection for residuals of a left elbow injury, cervical spine strain, lumbar spine strain, or hyperextension injuries to both knees.

The Board has determined that additional development is necessary to fully and fairly consider the appellant's claims for service connection for lumbar spine disorder and left hip disorder. The VA will obtain all relevant treatment records, including from the Boise VAMC and Reno VAMC, and schedule an orthopedic examination to determine the nature and etiology of any current lumbar spine or left hip disorders.

The Veteran's degenerative changes and degenerative disc disease of the thoracic and lumbar spine are found to be etiologically related to active duty service.

The Veteran's hand tremors are found to be proximately due to or the result of his service-connected residuals of a traumatic brain injury. The Board finds that the preponderance of evidence supports granting service connection for hand tremors.

The Veteran's claims for service connection and increased ratings were denied. The Board found that new and material evidence had not been submitted to reopen the claim of residuals of dengue fever, and that his malaria was inactive with no current residuals. His toe fracture disability did not meet the criteria for a compensable evaluation, and toenail fungus was determined to have its onset during military service.

The Veteran's claim for an initial compensable disability rating from December 21, 2005 to May 5, 2009, and an initial rating in excess of 20 percent from May 6, 2009 to the present for multilevel degenerative lumbar spine disease, status post laminectomy, was granted.

The Veteran's need for regular aid and attendance due to service-connected disabilities has been established, allowing him to receive additional monthly compensation.

The Veteran's claim for service connection for bilateral hearing loss was reopened and granted. Service connection was also granted for left lower extremity, right lower extremity, and bilateral ankle disabilities. The Veteran did not have service-connected right hand cellulitis or low back disability. A 10 percent rating was assigned for bilateral foot disability.

The Veteran's claim for a low back disability was reopened, and he is now entitled to a compensable rating for his muscle injury. However, the claim for an increased rating remains denied.

The Veteran's claims for higher ratings for his lumbosacral spine and cervical spine disabilities were denied. The lumbosacral spine disability was rated at 20% under the General Rating Formula for Diseases and Injuries of the Spine, while the cervical spine disability was not rated as it did not meet the criteria for a separate rating.

The Veteran's low back disability is currently rated at 20 percent, the maximum schedular rating available for mechanical low back pain with mild/moderate degenerative spondylosis and severe degenerative changes. The appeal is denied as there are no additional factors warranting a higher rating.

The Veteran's service-connected skin erythema has been rated at a noncompensable level since the date of service connection, November 29, 2007. The Board finds that a rating by analogy to urticaria under Diagnostic Code (DC) 7825 is warranted for this period.

The Veteran's lumbar spine disability was found to not result in ankylosis, restriction of flexion to 30 degrees or less, or incapacitating episodes. Therefore, the claim for a higher rating was denied.

The Veteran's appeal is remanded due to the need for additional examinations and development of his claims, including a VA examination to determine the etiology of any current DM.

The Board denied the Veteran's claims of reopening his service connection for back and right knee disorders, as well as his claim for a rating in excess of 10 percent for his left knee disorder. The appeals were based on secondary service connection.

The Board has denied the Veteran's claims of service connection for PTSD, low back disability, bilateral hip disability, and lung disability. The denial is based on a lack of medical evidence supporting these claims.

The Board found no evidence of in-service injury or disease that would support service connection for bilateral hip disabilities and back disorders. The Veteran's claims were denied as the preponderance of the evidence did not support a finding that his current conditions are related to his military service.

The Veteran's claims for service connection are being remanded due to the need for additional examinations and clarification of medical evidence.

The Board has granted the Veteran's claim for service connection for PTSD. However, all of his remaining claims concerning his neck, back, left leg, right leg, left knee, and tinnitus need to be remanded due to incomplete service records.

The Board has determined that additional development is needed to determine if the Veteran has a current low back disability and whether it is related to service. The case will be remanded for further action.