Back / lumbar spine decisions — 2011

The Board has granted service connection for a low back disability, finding that the Veteran sustained an in-service injury and now experiences continuous symptoms. Service connection was denied for bilateral flat feet due to lack of aggravation during service.

The most probative medical evidence indicates that the Veteran's current low back and left shoulder/arm disorders are not related to her military service, including specifically to the pain she experienced in service. Therefore, the claims for service connection have been denied.

The Board found that the Veteran's service-connected degenerative disc disease did not cause or substantially contribute to his death, and thus denied the claim for service connection for the cause of his death.

The Veteran's service connection claim for a back disability is denied as there is no competent evidence showing the current condition began during military service or within one year thereafter.,Prior to February 26, 2010, the Veteran's hemorrhoids did not result in persistent bleeding, secondary anemia, or fissures. Therefore, his claim for a higher rating prior to that date is denied.,Effective February 26, 2010, the Veteran's hemorrhoids resulted in anal fissures and bleeding, without anal prolapse or stricture, or more than occasional loss of sphincter control. His claim for an increased rating effective from that date is also denied.

The Veteran's service-connected headaches are attributed to a known clinical diagnosis of tension-type/muscle-contraction headaches. The claim for increased evaluations for his colitis and migratory arthritis is denied as the evidence does not support higher ratings.

The Veteran's service-connected posttraumatic stress disorder was granted an initial evaluation of 30 percent prior to September 28, 2010. The appeal for a higher rating is denied.

The Board has determined that the Veteran does not meet the criteria for a compensable evaluation for his service-connected gout, as there is no current diagnosis of gout or associated symptoms. The Veteran's arthritis of multiple joints and right shoulder osteoarthritis are found to be related to active military service.

The Board has remanded the case for additional development due to incomplete records and further examination may be needed.

The Board finds that the Veteran's lumbar spine disability is not etiologically related to service or secondary to neurosyphilis.

The Veteran has withdrawn her appeal, and the case is dismissed.

The Board denied the Veteran's claims for service connection for lumbosacral disc disease and an increased rating for bilateral pes planus.

The Veteran's initial claim for a higher rating for his herniated lumbar disc, L5-S1, was granted and assigned a 40 percent evaluation effective November 10, 1999. The associated neurologic symptomatology is separately rated as 20 percent disabling.

The Board has determined that the Veteran's lumbar spine disability is service-connected, but her knee and ankle disabilities are not. The evidence does not support a finding of service connection for these conditions.

The Board has determined that new and material evidence has been submitted to reopen the Veteran's claim for service connection for a cervical spine disability. After considering all of the evidence, including testimony from the Veteran and VA examination reports, the Board finds that there is relative equipoise as to whether the Veteran's current cervical spine disability is causally related to his military service.

The Veteran's service-connected disabilities reasonably result in his requiring assistance with a number of his activities of daily living (ADLs) such as bathing and dressing, and he requires care or assistance on a regular basis to protect himself from hazards or dangers incident to his daily environment. The Board finds that the evidence is at least in equipoise and supports a grant of special monthly compensation based on aid and attendance.

The Veteran's back injuries and degenerative disc disease were not incurred in or aggravated by service. The Board found no evidence of a nexus between the current condition and his military service.

The Board granted the Veteran's appeals for increased ratings for residuals of a fractured left scapula and a left ankle sprain, but denied his appeals for increased ratings for Bell's palsy, tinnitus, hearing loss, and lumbar spine disability. The Veteran withdrew his appeal regarding Bell's palsy and tinnitus in April 2011.

The Veteran's DDD of the lumbar spine does not meet the criteria for a rating in excess of 20 percent. His left lower extremity radiculopathy has been rated as 10 percent since July 21, 2010.

The Veteran's appeal is being remanded for additional development, including VA examinations to assess the current severity of his service-connected left ankle and lumbar spine disabilities. The RO will also review all evidence received since the December 2008 statement of the case.

The Board has determined that additional development is needed to properly adjudicate the Veteran's claims, including obtaining service personnel records and VA treatment records. The Veteran will be provided an opportunity for a VA examination to determine if his current low back and sciatic nerve conditions are related to his military service.