Back / lumbar spine decisions — 2011

The Board has determined that the Veteran's right knee and lumbar spine disabilities were not incurred in or aggravated by his active service. The evidence does not establish a chronic disability during service, nor is there sufficient continuity of symptoms to support a claim for service connection.

The Board found that the Veteran's currently diagnosed back condition did not have chronic and continuous symptomatology since service, nor was it etiologically related to her active military service. Therefore, the claim for service connection for a back condition is denied.

The Veteran's claim for a higher initial rating for chronic low back strain was denied. The current evaluation of 10 percent is considered appropriate based on the evidence showing limitation of flexion to greater than 60 degrees but not greater than 85 degrees.

The Board found that the Veteran's low back and left foot disabilities were not incurred in or aggravated by service. The preexisting conditions did not worsen during active duty.

The Veteran's service-connected lumbar spine degenerative arthritis and disc herniation was granted a disability rating of 40 percent as of November 3, 2006.

The Board found that the Veteran's back, bilateral hip and bilateral knee disabilities were not incurred in or aggravated by active military service.

The Board found that the Veteran's current low back disability is not related to her service, and thus denied her claim for service connection.

The Veteran's low back disability is currently rated at 40 percent effective September 24, 2008. The left knee disability remains rated at 20 percent.

The Board has remanded the case for further development, including a VA examination to determine the nature and etiology of any low back disorder that may be present.

The Veteran's service-connected disabilities, including PTSD, are not of such severity as to preclude him from obtaining or retaining substantially gainful employment.

The VA determined that the Veteran's degenerative disc disease of the lumbar spine was not incurred in active service.

The Board has remanded the case for further development due to incomplete service treatment records and clarification of the VA examiner's opinion regarding the Veteran's in-service back injuries.

The Board has determined that the Veteran's degenerative disc and joint disease at L3-L4 and L4-L5 is of service origin, granting service connection for these conditions.

The Veteran's claim for various service connection issues was remanded, and the RO is now denying his claims for increased ratings. The evidence does not support a compensable rating for any of the claimed conditions.

The Board found that the Veteran's right and left shoulder disabilities were not incurred during or as a result of service, nor are they related to his service-connected left knee disability. The low back disability is currently rated at 20 percent under Diagnostic Code 5243 for degenerative arthritis with limitation of motion.

The Veteran's right knee, left wrist, and right wrist disabilities are not service-connected. The Board finds no evidence of a current disability related to these conditions.,Bilateral hearing loss was first noted many years after service and is not service-connected.

The Board finds that the Veteran does not have current disabilities of headache disorder, gastroesophageal reflux disorder (GERD), sleep apnea, or a low back disorder that are related to his active duty service. The preponderance of evidence is against these claims.

The Board denied the Veteran's claims of entitlement to service connection for various conditions, including a back disorder, bilateral hearing loss, tinnitus, hypertension, left leg and knee disorders. The evidence submitted was not considered new and material to reopen any of these claims.

The Veteran's low back disability is granted as due to service, with a rating of 50%.,PTSD has been granted an initial rating of 70%, but the issue of TDIU remains pending.

The Board has reopened the Veteran's claim of service connection for a low back disability. The effective dates for the award of service connection for recurrent left patellar subluxation and for a 10% rating for left patellofemoral degenerative joint disease remain August 28, 2008.