Back / lumbar spine decisions — 2011

The Board found that the Veteran's pre-existing bone defect in the spine, spondylolysis, existed prior to service and was not aggravated by military service. Therefore, the claim for service connection for a low back disorder is denied.

The Board has reopened the Veteran's claim of service connection for a low back disability due to new and material evidence, but has denied the underlying claim as there is no evidence that his current condition was caused or aggravated by military service.

The Board has determined that additional development is necessary before the claims can be fully adjudicated, including obtaining medical records and arranging for VA examinations to assess the Veteran's current disability status and its impact on his employment.

The Board has remanded the case to the Pittsburgh RO for a video conference hearing and further development.

The Veteran's appeal is being remanded for additional development, including obtaining VA treatment records and translating Spanish language documents. The issues of service connection for vertigo and a left shoulder condition are also pending.

The Board denied the Veteran's claims for service connection of neck and upper back disabilities, finding that there was no evidence to support a worsening of these conditions due to his service-connected right shoulder disability.

The Board denied the Veteran's claim for service connection for lumbar disc disease with radiculopathy, finding insufficient evidence to support a grant of this benefit.

The Board has granted service connection for bilateral hearing loss, tinnitus, left shoulder disorder, low back disorder, left hip disorder, and left ankle disorder due to the combat presumption. Service connection for a digestive disorder is also granted. Lung disorder was not found to be related to service.

The Veteran's lumbar spine disability resulted in significant functional impairment, warranting a higher evaluation from November 2, 2009. The condition was found to be disabling enough for a 60% rating.

The Veteran's claims for service connection and TDIU are being remanded due to a procedural error in the December 1969 rating decision, which did not notify him of his denial. The Board will consider these matters as new and material evidence is not required.

The Board denied the Veteran's claims for service connection and increased rating for his low back disability, right wrist disability, and bilateral plantar fasciitis. The evidence did not establish a direct relationship between these conditions and his military service.

The Board denied the Veteran's claims for service connection for skin rash, asthma, memory loss, fatigue, and degenerative disc disease (cervical spine) due to lack of new and material evidence for the skin rash claim. The Board also found that there was no credible evidence linking the Veteran's current conditions to his active duty.

The Veteran's claim for service connection for a disability due to an injury to the left lower abdomen was denied. The claim for reopening his back disability was granted, but he does not have a current diagnosed disability of the left lower abdomen or a residual disability attributable to an alleged in-service injury. His back disability is currently evaluated as having degenerative changes.

The Veteran's cervical spine degenerative disc disease has been rated at 10 percent since January 31, 2008. The RO found that the condition did not warrant a higher rating based on its current manifestations.

The Veteran's service-connected disabilities do not preclude gainful employment consistent with his education and occupational experience.

The Veteran's low back disability is rated as 10 percent disabling, his right and left knee disabilities are each rated as 10 percent disabling, and his left ankle disability prior to August 6, 2010, was also rated as 10 percent disabling. After that date, the disability was rated as noncompensable.

The Veteran's claim for higher ratings and service connection were granted, with a 30% rating assigned for bilateral plantar fasciitis with calcaneal heel spurs effective September 12, 2006. Service connection was established for peripheral neuropathy of the lower extremities due to chemical exposure.

The Board has determined that the Veteran's low back and cervical spine disabilities are not related to service.,The Veteran's sinusitis is currently rated at 10%.

The Veteran's claims for increased ratings and service connection were denied. The reduction in rating from 40 percent to 20 percent was also denied.

The Veteran's degenerative disc disease of the lumbar spine and major depressive disorder are granted as secondary to his service-connected right knee disabilities. The issues of entitlement to service connection for right peroneal nerve entrapment neuropathy, squamous cell carcinoma, and TDIU are remanded.