Back / lumbar spine decisions — 2011

The Veteran's low back strain with degenerative changes and chronic bilateral patellofemoral pain syndrome are found to have started during service and continue since then, warranting service connection.,The Veteran's right eye disorder is not considered a disease or injury within the meaning of applicable legislation due to its congenital nature. The Board finds that there is no evidence linking any additional disability to service.

The Board has determined that new and material evidence has been received to reopen the claim for service connection for residuals of a left shoulder injury. The Veteran's lumbosacral spine disability is found to be related to his military service, with reasonable doubt resolved in favor of the Veteran.

The Veteran's appeal is remanded due to the need for additional VA records and a current examination of his service-connected low back disability. The issue of entitlement to TDIU is also integral to this appeal.

The Veteran seeks service connection for low back, right and left knee disabilities, as well as bilateral hearing loss and tinnitus. The Board has determined that a VA examination is needed to determine the nature and etiology of these conditions.

The Board has granted service connection for left ankle osteochondral lesion of the talar dome, right great toe osteoarthritis, and degenerative disc disease of the lumbosacral spine as secondary to the Veteran's service-connected right knee disability.

The Veteran is seeking a higher disability evaluation for his service-connected lumbosacral spine disability. The case has been remanded to obtain updated medical records and schedule the Veteran for a VA spine examination.

The Veteran's claim for increased ratings for his service-connected lumbar spine disability, bilateral hearing loss, and radiculopathy of the lower extremities have been granted. The Veteran receives a noncompensable rating for his bilateral hearing loss, a 20 percent rating for his lumbar spine disability, and separate 10 percent ratings for his left and right lower extremity radiculopathies.

The Board found that the Veteran's current DDD of the lumbosacral spine was not present in service or for many years thereafter, and is not related to service.

The Board has determined that the Veteran's back disability is not service-connected, as his current scoliosis and degenerative joint disease are not caused by or aggravated by his left shoulder disability.

The Board has remanded the case to the RO for additional development of the claims of service connection for a back disability, left eye disability, chronic headaches, and a higher initial rating for residuals of a left knee injury.

The Board denied entitlement to increased ratings for osteoarthritis of the right and left knees, finding that the evidence did not support a higher evaluation based on limitation of motion or instability. The Veteran's knee disabilities were rated under Diagnostic Codes 5260 (flexion) and 5261 (extension), with no compensable loss noted.

The Veteran's appeal for increased disability ratings for his low back disability was denied. The case is being returned to the Board for further development and consideration.

The Veteran's lumbosacral disability and cervical spine disability were not incurred or aggravated by service, nor are they related to his service-connected left knee condition.,The Veteran does not have a current disability of the cervical spine that is service connected.

The Veteran's claims for increased ratings and service connection were granted, with a 30% disability rating assigned for left greater trochanteric bursitis from February 14, 2008 to April 9, 2010. The other issues remained unresolved.

The Board has denied the Veteran's claims to reopen his service connection claims for right Achilles tendon disorder, left foot/ankle disability, and low back disability. The new evidence received since the last denial is not considered material as it does not relate to an unestablished fact necessary to substantiate these claims.

The Board has remanded the case due to new evidence received from the Veteran, and all outstanding VA treatment records should be obtained. The claims for increased ratings for lumbar spine and cervical spine disabilities will be reconsidered with consideration of this additional evidence.

The Veteran's GERD, left shoulder disability, and degenerative disc disease of the lumbar spine were granted service connection. The effective date for these conditions is set at June 1, 2006.

The Veteran's appeal is being remanded for further development, including obtaining updated VA examinations and a Social and Industrial Survey to assess the impact of his service-connected disabilities on his employability.

The Board denied the Veteran's claims for service connection for a duodenal ulcer, back disability, and adjustment disorder with depression. The claim for increased rating for prostate disability was also denied.