Back / lumbar spine decisions — 2011

The Veteran's appeal has been withdrawn due to the appellant requesting withdrawal of the appeal.

The Veteran's current bilateral hearing loss, right knee condition, left knee condition, back condition, and acquired psychiatric disorder (including PTSD) were all incurred in service.

The appeal has been withdrawn by the appellant's representative.

The Veteran's service-connected disabilities, including degenerative disc disease of the lumbar spine, right and left knee disabilities, hypertension, asthma, right and left wrist disabilities, migraine headaches, allergic rhinitis, and erectile dysfunction, preclude him from securing or following substantially gainful employment consistent with his education and industrial background. As such, a TDIU is granted.

The Veteran's PTSD, low back disability, right ankle disability, left ankle disability, epididymitis, and malaria are all rated at the lowest possible levels due to lack of evidence supporting higher ratings. The Veteran's PTSD is rated as 50 percent disabling, but his other conditions do not warrant higher ratings.

The Veteran's claims of service connection for various conditions, including a respiratory disorder secondary to herbicide exposure, were denied. The Board found that the evidence did not support a link between these conditions and service.

The Board has remanded the case due to incomplete records and needs to determine whether new evidence was submitted to reopen a claim for service connection of a back disorder.

The Veteran's initial claim for a higher rating for his lumbar spine degenerative disc disease was granted, with an effective date of November 5, 2007. The grant resulted in the assignment of a 20% disability rating.

The Board denied the Veteran's application to reopen his claim of service connection for a low back disability and found that he did not meet the criteria for an increased rating for his right calf disability. The Veteran's bilateral carpal tunnel syndrome was also not granted as service connected.

The Veteran's service-connected disabilities require a higher level of care, necessitating hospitalization or nursing home care. The RO must arrange for an aid and attendance evaluation to determine if the Veteran requires such care.

The Veteran's neck disability is service-connected as it was aggravated by his second period of active duty. The claim for back disability has been reopened due to the submission of new evidence.

The Veteran seeks service connection for left hip, lumbar spine, and left knee disorders secondary to his service-connected torn right meniscus with degenerative changes. The Board finds that a remand is necessary due to the need for additional examinations.

The Veteran's claims for increased ratings for his knee disorders and psychiatric disability were denied. The Board found new and material evidence to reopen the claim for service connection of a psychiatric disorder, but did not decide whether it was secondary to his service-connected lumbar spine disorder.

The Veteran seeks service connection for degenerative disc disease of the lumbar spine with moderate spondylosis and left side radiculopathy. The Board has determined that further development is needed to determine if his current DDD is related to service, including due to a back injury sustained while on active duty.

The RO denied service connection for right ear hearing loss and a right knee disorder, as well as thoracolumbar and cervical spine disorders. The Veteran did not appeal these decisions.

The Board found that the Veteran's low back injury was not incurred or aggravated during service and denied his claim for service connection.

The Veteran's claims for service connection were denied across multiple conditions, with the Board finding that there was insufficient evidence to support a relationship between his claimed conditions and his military service.

The Veteran's increased rating claim for his left knee disability was denied, and he is not entitled to service connection for right knee, low back, or bilateral hip disabilities secondary to the left knee disability.

The Board has determined that the Veteran's low back disability, to include lumbosacral strain, is shown by competent medical evidence of record to have had its onset during his active military service and grants service connection for this condition.

The Veteran's service-connected lumbar strain with dextroscoliosis and degenerative changes is currently rated at 40 percent effective January 14, 2010. The rating was increased from 20 percent as of August 31, 1999.