Back / lumbar spine decisions — 2011

The Veteran's service connection claim for chronic hypertension is granted. His bilateral hearing loss and stress fracture of the left tibia with bone spur removal are each rated as noncompensable, but his trigeminal neuralgia warrants a separate evaluation of at least 10 percent.

The Board found no evidence linking the Veteran's current back disability to service, including his in-service parachute jump. The claim for service connection was denied.

The Veteran's low back disability is currently rated at 10 percent, the maximum schedular rating available for this condition. The evidence does not support a higher evaluation as there are no incapacitating episodes or neurological deficits.

The Veteran's claims for service connection for right knee, ankle, foot, lumbar spine, and bilateral toes disorders are pending. The Veteran has been granted service connection for a scar of the right leg. His claims for service connection for tendinitis and/or gout of the left wrist and right wrist have been denied.

The Board has denied the Veteran's claims for service connection for pes planus and a lower back disorder, finding that there is no credible evidence of an in-service injury or aggravation, and that any current conditions are not related to service.

The Veteran's spondylolisthesis and degenerative disc disease of the lumbar spine are rated at 40 percent since October 18, 2006. The rating is based on the current severity of his disability without any need for a staged rating.

The Veteran's cervical arthritis is not service-connected as secondary to his chronic low back strain. The issue of left leg numbness remains unresolved.,There is insufficient evidence to determine whether the Veteran has a neurologic disorder involving the left lower extremity, and this claim is pending.

The Board has determined that additional development is necessary before the claims can be decided, including obtaining service treatment and personnel records, a medical examination, and any relevant Social Security Administration records.

The Board has determined that the Veteran's bilateral hearing loss, tinnitus, lumbar spine disability, and hypertension were not incurred in or aggravated by service. The evidence does not show a current disability for VA purposes.

The Board has determined that additional development is needed to fully and fairly consider the Veteran's claims, including obtaining relevant VA treatment records and providing a Gulf War Guidelines examination.

The Veteran's positive PPD test is not considered a disability for VA purposes, and service connection cannot be granted.

The Veteran's low back disability, including a laminectomy and discectomy with fusion, is currently rated at 10 percent. The Board found that the evidence did not support a higher rating due to limited forward flexion of the thoracolumbar spine.

The Veteran's appeal for increased ratings and a separate rating for right lower extremity neurological impairment was denied. The Board found that the evidence did not support higher ratings based on the severity of his lumbar spine condition or any associated neurologic symptoms.

The Veteran's compensation benefits were reduced due to his incarceration. The Board found that the reduction was proper, but noted insufficient evidence regarding the date of conviction and remanded for further development.

The Veteran's service-connected low back condition with degenerative joint disease (DJD) is currently rated at 20 percent, and the Board finds that it does not warrant a higher rating based on the evidence of record.

The Veteran's appeal is being remanded for a higher initial rating for his service-connected cervical spine disability. The VA will conduct another examination to assess the current severity of the condition and request additional VA outpatient records.

The Veteran's claim for service connection for a low back disorder is being remanded due to the need for additional medical examination and treatment records, as well as private medical records.

The Board has granted a higher evaluation for the Veteran's low back disability, but has withdrawn his appeal for service connection of a genitourinary disability due to withdrawal by the Veteran.

The Board has granted service connection for degenerative arthritis of the lumbar spine, finding that it is presumed to have developed during active duty due to its manifestation within one year of discharge.

The Veteran's death was not due to a service-connected disability. The VA physician found that the Veteran's right upper extremity and cervical spine disabilities were not significant factors in his fall, which led to his death.