Back / lumbar spine decisions — 2011

The Veteran's service-connected degenerative disc disease of the lumbar spine is currently rated at 10 percent, effective October 22, 1996. The Board has determined that a higher initial rating of 20 percent is warranted for this condition.

The Veteran's psychiatric disorder, myofascial pain syndrome, and low back disorder were not shown to be related to service or any service-connected disability. The claim for a psychiatric disorder is denied as secondary service connection is not applicable since the Veteran does not have a current service-connected disability.

The Board has determined that there is new and material evidence to reopen the Veteran's claim for service connection for a low back disability. However, due to incomplete STRs and other issues, the case is being remanded for further development including obtaining additional records from Hanau, Germany during her service.

The Veteran's service connection claim for a back disability is granted as his current back disability is related to an in-service injury.

The Board finds that the Veteran's current back disability is not related to active service, and does not meet the criteria for direct service connection.

The Veteran's service-connected lumbosacral strain disability is found to prevent him from securing or following a substantially gainful occupation, and he is granted Total Disability Rating Based on Individual Unemployability (TDIU).

The Board found no evidence of a low back disorder in service or for many years thereafter, and concluded that the Veteran's current low back disorder is not related to his military service.

The Board found that the Veteran does not have a low back disorder or sleep disorder related to his active military service, and denied both claims.

The Board has remanded the case due to a request for a videoconference hearing. The Veteran's claims for service connection and rating increases remain pending.

The Veteran's service-connected lumbosacral strain is not manifested by forward flexion of the thoracolumbar spine 30 degrees or less, ankylosis, incapacitating episodes as defined by VA regulations having a total duration of at least 4 weeks but less than 6 weeks during the past 12 months, nor associated neurologic impairment other than the already separately evaluated right lower radiculopathy. The Veteran's current claim was received by VA on August 22, 2005, and the record reflects he has had symptoms of radiculopathy associated with the service-connected lumbosacral strain since at least that time.

The Veteran's service-connected bilateral pes planus was granted a noncompensable evaluation from January 5, 2005 to May 4, 2009 and a 10 percent evaluation since May 5, 2009. The low back strain was increased to a 10 percent rating effective January 5, 2005.

The Board found that the Veteran's lumbar spine disability did not manifest during or as a result of active military service and denied his claim for service connection.

The Veteran's service-connected low back disorder, anxiety disorder, and nasal fracture residuals have been evaluated based on their current manifestations. The claims for increased ratings are denied as the evidence does not support a higher rating under applicable diagnostic codes.

The Board has determined that the Veteran's degenerative disc disease of the lumbar spine is related to his service-connected left tibia fracture and granted service connection for this condition. However, there is no evidence of a right knee disability or degenerative joint disease of the right knee, so the claim for this issue was denied.

The Veteran's appeal is being remanded for additional development to determine the relationship between his current disabilities and his military service.

Your appeal is being remanded to the RO for scheduling a videoconference hearing. The Board will then consider your claims after the hearing.

The Veteran's appeal is being remanded due to the need for further investigation regarding his service-connected PTSD and potential duplicate file.

The Board has reopened the Veteran's claim for a back disability due to new and material evidence. However, the claim for depression remains denied as there is no direct service connection established.

The Board has determined that additional development is needed to address the Veteran's claims for service connection and rating of his disabilities, including a VA examination to determine the etiology of his low back, right knee, bilateral hip, and psychiatric disorders.

The Veteran's hearing loss and back disability were not incurred or aggravated by service. The Board found no evidence of aggravation during service, and the earliest post-service evidence of hearing loss was over 40 years after discharge.