Back / lumbar spine decisions — 2011

The Board denied claims for earlier effective dates for the grant of service connection for lumbar spine disability to include degenerative disc disease, residuals of a deviated nasal septum, and sinusitis. The effective date was fixed at November 19, 2002.

The Veteran's appeal is being remanded for further development, including an examination to determine if he has PTSD due to in-service stressors and additional examinations of his knees and spine. The issue of a total disability rating based on individual unemployability (TDIU) is also raised but not addressed.

The Veteran's lumbar spine disability was found to not warrant an increased rating from March 28, 2009 to November 29, 2009. From November 30, 2009 to January 24, 2010, the disability warranted a 20 percent rating. As of January 25, 2010, no higher rating was granted.

The Board has granted service connection for a back disability, bilateral hip disability, and chronic headaches based on the medical evidence that these conditions are related to injuries sustained in service.

The Veteran's service-connected arthritis of the lumbar spine at L4-S1 was rated as 20 percent disabling prior to March 29, 2006. From March 29, 2006, his disability has not warranted a higher rating.

The Veteran is not eligible for a one-time payment from the Filipino Veterans Equity Compensation Fund as his service was in the Regular Army of the United States, and he already receives VA disability compensation.

The Veteran's sleep apnea was not found to be related to his service-connected low back disability, and the Board denied an increased evaluation for his post-operative herniated lumbar disc.

The Board has remanded the case for further development, including obtaining VA clinical records and conducting examinations to determine the nature of the Veteran's low back disability and any shoulder or elbow disorders. The claim will be reviewed again after these actions.

The Board denied the Veteran's claims of service connection for a respiratory disorder and a back disorder, finding that there was no direct evidence linking these conditions to his military service.

The Board found no evidence of additional disability resulting from VA care, and thus denied the claim under 38 U.S.C.A. § 1151.

The Veteran's initial and increased evaluations for his service-connected cervical spine and lumbosacral strain disabilities are denied as the evidence does not meet the criteria for higher ratings under the applicable rating schedule.

The Board denied service connection for sleep apnea and low back disorder, finding that the evidence did not support a link between these conditions and active service.,There was no medical evidence linking either condition to service.

The Board found that the Veteran's low back disorder and arthritis were not incurred or aggravated in service, and thus denied his claims for service connection.

The Veteran's claims for increased evaluation and secondary service connection were denied. The right knee disability is currently rated as 30 percent disabling, left knee disability was not found to be related to service or a service-connected condition, and the low back disability was also not found to be related to service or a service-connected condition.

The Board found that the Veteran's low back disability is not shown to have developed as a result of an established event, injury, or disease during active service. The medical evidence of record outweighs the Veteran's assertion.

The Board denied the Veteran's claims for service connection for residuals of injuries sustained in an explosion, pneumonia (claimed as residuals of pneumonia), and TDIU. The claim for increased evaluation for bilateral hearing loss was also denied.

The Board has determined that the Veteran's scoliosis is a congenital defect and not subject to service connection as it did not result from any disease or injury incurred in or aggravated by active service.

The Veteran's bilateral hearing loss claim is denied as there is no evidence of a current disability and the medical opinions indicate that it is less likely than not related to service.,The Veteran's back disability (Degenerative Disc Disease with Lumbar Stenosis) claim is granted as the VA examiner opined that it was as likely as not caused by or a result of his military service.,The Veteran's acquired psychiatric disorder (PTSD and Major Depressive Disorder) claim is granted as the VA examiner opined that it was as likely as not related to his military service.

The Veteran's claims for service connection and increased ratings are being remanded due to the need for additional examinations and development of records.

The Veteran's appeal is being remanded for further development, including a new VA examination to assess the severity of his service-connected degenerative disc disease and whether he is unemployable due to this condition.