Back / lumbar spine decisions — 2011

The Board finds that the evidence is in equipoise as to whether the appellant's current cervical spine disability, including multilevel degenerative disc disease and status post anterior diskectomy of C5 to C7, was incurred during his period of active duty. Therefore, service connection for this condition is granted.

The Veteran's bronchial asthma was granted service connection as it became manifest during his Southwest Asia theater of operations service.,Service connection for the low back disability, claimed as Gulf War Illness, was denied due to lack of a medically unexplained chronic multisymptom illness.

The Veteran does not have degenerative disc disease of the cervical spine, lumbar spine, lower left extremity disability, or a left upper extremity disability that was caused or aggravated by his service. The Board finds no evidence to support these claims.

The Board has granted service connection for bilateral hearing loss disability, tinnitus, and a disability of the thoracolumbar spine. The Veteran's right ear hearing loss was incurred in active service. His left ear hearing loss did not manifest until after service or be related to service. Tinnitus was not incurred in or aggravated by active service. The preponderance of evidence shows that the Veteran's current thoracolumbar spine disability did not manifest until many years after active service and is not related to complaints of back pain in service.

The Veteran's appeal is being remanded for additional examinations and to obtain VA treatment records. The claims will be reviewed again after these actions are completed.

The Veteran's claims for service connection for back and right knee disorders are being remanded due to the need for additional VA examinations.

The Veteran's appeal is remanded due to the need for a VA examination and additional information from Social Security Administration (SSA). The case will be reconsidered with these updates.

The Veteran's claim for a higher initial evaluation for his service-connected chronic lumbosacral strain is being remanded due to the need for additional development, including a new compensation and pension examination.

The Veteran's claims for increased ratings and earlier effective dates were denied. The RO granted a 20 percent rating for low back disability and left lower extremity radiculopathy, effective from April 10, 2007, but later granted an earlier effective date of August 10, 2006.

The Board has determined that the Veteran does not have chronic, identifiable conditions for back disorder, hip disorder, right knee disorder, hearing loss disability, or hypertension. Therefore, service connection is denied.

The Board has granted service connection for a low back disorder, finding that the Veteran's current thoracolumbar strain is related to his in-service back pain. The claim for bilateral hearing loss was denied as there is no evidence of a disability within the meaning of VA regulations.

The Veteran's claims for an increased evaluation for his degenerative lumbar spine disease and TDIU are being remanded due to the need for additional development, including a VA examination.

The Veteran's claim for service connection for a back disorder, including as secondary to his service-connected left femur fracture, is being remanded due to the need for additional development and examination.

The Veteran's claim for a rating in excess of 70 percent for PTSD was dismissed due to withdrawal. The claim for service connection for a low back disability was reopened and granted as the evidence established that his current degenerative disk disease is etiologically related to active duty service.

The Board has denied the Veteran's claims for service connection for bilateral hearing loss disability, right foot disability (to include arthritis), left foot disability (to include arthritis), chronic neuropathy of the lower extremities, and low back disability. The evidence does not support a finding that any of these conditions were incurred or aggravated by military service.

The Veteran's service-connected degenerative joint disease of the lumbar spine is not rated higher than 40 percent since February 11, 2009.

The Veteran's claim for a higher rating for his low back disability was denied as the evidence did not show that forward flexion of the thoracolumbar spine was limited to 30 degrees or less, nor did it show any ankylosis. The Board found no incapacitating episodes meeting the criteria for a higher rating.

The Board denied service connection for left ankle disability, lumbosacral strain, and PTSD. The Veteran's left ankle disability is not shown to be related to service or a service-connected condition.

The Board has determined that the Veteran's claimed low back disorder and right leg joint/sclerosis/right knee sclerosis are not related to his period of active military service. The claims for service connection have been denied.

The Board has remanded the case due to the need for additional development, including obtaining service treatment records and seeking medical opinions regarding the Veteran's lumbar spine disorder.