Back / lumbar spine decisions — 2011

The Board has determined that the Veteran's current low back disability, including degenerative disc disease and degenerative joint disease of the lumbar spine, is service-connected as it began during active service.

The Board has determined that the Veteran's claimed disabilities are not related to his active duty service and have denied all of his claims.

The Board has determined, based on the medical and satisfactory lay evidence set forth above, that the Veteran's current residuals of a lower back injury (diagnosed as degenerative disc disease with disc bulge and spinal stenosis at L4-5) was incurred during his active service.

The Board has remanded the case for additional development, including obtaining medical records and scheduling VA examinations to assess the current severity of the Veteran's service-connected disabilities. The Veteran is not granted any initial ratings as his claims are being returned to the RO/AMC for further consideration.

The Board denied the claim as service connection for any residual of a low back injury, finding that the preponderance of evidence is against the claim and thus denying it.

The Veteran's claim for an evaluation in excess of 20 percent for his service-connected post traumatic lumbosacral strain/sprain superimposed with a herniated disc and spinal fracture at S2 was denied as the evidence did not meet the criteria for a higher rating.

The Board has granted service connection for the Veteran's lumbar spine disability and chloracne, effective December 15, 2008.,However, the claim for right ear hearing loss remains pending as new evidence was submitted to reopen this claim.

The Veteran's service-connected degenerative disc disease of the lumbosacral spine is granted with a rating of 20 percent effective July 17, 2008. The ratings for varicose veins in both lower extremities and chondrocalcinosis of the left knee are denied. The Veteran's residual scar from the excision of a cyst on his wrist is also granted.

The Veteran's claims for higher initial ratings for degenerative joint disease of the lumbar spine, right lower extremity radiculopathy, and allergic rhinitis were denied as there was no evidence of moderate incomplete paralysis or other criteria warranting a higher rating.

The Board has remanded the case for a videoconference hearing at the RO before a Veterans Law Judge. The Veteran's request for a hearing is pending.

The Veteran's tinnitus is service-connected as it is related to his in-service exposure to loud noises.,There are no disabling residuals of the left wrist contusion reported in service or post-service.

The Board has granted service connection for scoliosis, spondylosis of the cervical spine, and a lumbar spine disorder. The Veteran's current diagnoses are considered to be related to her military service.

The Board has determined that the Veteran's current degenerative joint disease of the lumbar spine is related to an injury he sustained as a parachutist in service, and thus grants service connection for this condition.

The Veteran's claims for service connection have been denied. The Board found no evidence of a current disability related to his military service, including alcohol abuse, skin disorders, psychiatric disabilities, or low back issues.

The Veteran's appeal is being remanded for the RO to consider additional medical evidence submitted by him, including a private lumbar spine MRI from February 2011. The case will then be returned to the Board for further consideration.

The Veteran's PTSD is currently rated at 70 percent, effective September 24, 2008. The claim for a higher rating remains denied as the evidence does not show an increase in symptoms warranting a higher rating within one year prior to the grant of the current rating. Effective September 24, 2008, the Veteran was granted a TDIU based on his service-connected PTSD.

The Board finds that the Veteran's preexisting back disability increased in severity beyond normal progression due to an injury incurred during a period of active duty for training (ACDUTRA), and was aggravated by such service.

The Veteran seeks a TDIU rating based on his service-connected disabilities, but the VA examinations did not provide sufficient information to determine if he is unemployable due to these conditions. The case is being remanded for additional medical development.

The Board has determined that the Veteran's back disability is service-connected as it was incurred during a period of INACDUTRA. The claims for bilateral hearing loss and tinnitus have been denied due to lack of evidence showing onset or continuity of symptoms within one year of separation from service.

The Board has remanded the case for further development, including obtaining medical records and scheduling a VA examination to assess the severity of the Veteran's low back disability. The TDIU claim is also inextricably intertwined with the low back disability claim.