Back / lumbar spine decisions — 2011

The Board denied service connection for fatigue, low back disorder, male pattern baldness (claimed as hair loss), depression, and impotence on the basis that there was no evidence of a chronic disability in service or within one year postservice. The claim for coronary ischemia with hypertension was not reopened due to lack of new and material evidence.

The Veteran's appeal is being remanded due to the need for additional VA treatment records from Temple VAMC. The case will be readjudicated after these records are obtained and reviewed.

The Board found that the Veteran's low back disability with radiculopathy was not incurred or aggravated by service, and is not proximately due to his service-connected right knee disability.

The Veteran's claim for a higher initial evaluation for radiculopathy and neuropathy of the right lower extremity associated with degenerative disc disease (DDD) of the lumbosacral spine was granted, but not higher than 10 percent.

The Board found that the Veteran's current back condition is not causally related to his military service and denied his claim for service connection.

The Board has determined that further development is necessary to determine the etiology of the Veteran's back disability and arthritis, as well as whether service connection should be granted.

The Board denied service connection for degenerative disc disease of the lumbar spine and right ear hearing loss disability as there is no evidence to support a current disability.,VA treatment records show that the Veteran reported back pain in 1986, but physical examination at discharge from active service did not reveal any abnormalities. The first documented post-service complaints were in 2005.

The Veteran's low back disability is currently rated at 20 percent, and he does not meet the criteria for a higher rating. He was granted a separate 10% evaluation for his radiculopathy of the left lower extremity.

The Veteran's claims of increased ratings for chronic lumbosacral strain and hemorrhoids are being remanded due to the need for additional examinations and consideration of outstanding VA treatment records.

The Veteran's appeal is remanded for additional development to assess the severity of his service-connected degenerative disc disease of the lumbar spine with strain, including any associated neurological manifestations and intervertebral disc syndrome. The case will be returned to the Board for further consideration.

The Veteran's claims for service connection for left knee and low back disabilities are being remanded due to the need for additional development, including obtaining treatment records from Dr. G.

The Board has determined that the Veteran's pre-existing depressive disorder was aggravated by his period of active duty service from February 2003 to August 2004, and thus service connection for a psychiatric disability is granted.

The Veteran is entitled to a TDIU rating based on his service-connected back disability and depression, effective May 10, 1999.

The Veteran's initial noncompensable rating for service-connected degenerative disc disease of the thoracolumbar spine was granted prior to December 18, 2007. From December 18, 2007 onward, a separate 10 percent rating was assigned.,For the period from October 22, 2009 onward, an initial rating of 10 percent for service-connected degenerative arthritis of both feet and both knees was granted.

The Board is remanding the case for further development, including a VA examination to determine if the Veteran's current low back disability is related to his military service. The claim will be readjudicated after this additional development.

The Board found that the Veteran's back disability did not have onset in service and was not permanently aggravated by his active military service, thus denying his claim for service connection.

The Board finds that the Veteran's degenerative arthritis and degenerative disc disease of the lumbosacral spine are related to service, including his numerous parachute jumps during active duty. As a result, the claim for service connection is granted.

The Veteran's claim for an initial rating higher than 20 percent for service-connected low back strain, on an extraschedular basis, is denied.,The Veteran's claim for a total disability rating based on individual unemployability (TDIU) is denied.

The Board found that the reduction from a 60 percent rating to a 20 percent rating for lumbosacral strain and degenerative disc disease of the lumbar spine was proper based on the evidence available at the time.

The Veteran's appeal is being sent back to the Regional Office for further action due to a request for a hearing.