Back / lumbar spine decisions — 2012

The Board has granted service connection for low back, right shoulder and bilateral elbow disabilities due to overuse in service. The Veteran's congenital Ehlers-Danlos syndrome was aggravated by the physical demands of service.

The Veteran's hepatitis, bilateral hearing loss, and other conditions are all found to be related to his service. The Veteran is granted service connection for these conditions.

The Board has remanded the claims for service connection for right shoulder, left knee, and low back disabilities due to lack of VA examination. The Veteran's claim for a total disability rating based on individual unemployability is also remanded.

The Veteran's claim of a rating in excess of 10 percent for his service-connected chronic lumbar strain with degenerative changes is being remanded due to the need for additional medical examination and development.

The Veteran's degenerative disc disease of the lumbar spine does not result in any loss of range of motion or prescribed bed rest, and therefore, he is not entitled to a compensable disability rating.

The Veteran's service-connected degenerative arthritis with lumbosacral strain does not meet the criteria for a higher evaluation, as his range of motion and symptoms do not approximate those required for any higher rating.

The Veteran's lumbar spine disability is rated at 40 percent, the highest available rating under the General Rating Formula for Diseases and Injuries of the Spine. The Board also granted service connection for a right ankle disorder and a psychiatric disorder (PTSD with major depressive disorder), both secondary to his service-connected disabilities.

The Board has reopened the Veteran's claim for service connection for residuals of a neck injury and recurrent herniated lumbar disc with spinal instability. The evidence received since the August 1990 rating decision is new and material, raising a reasonable possibility of substantiating the claim.

The Board denied the Veteran's claims for service connection for various conditions, finding that there was no new and material evidence to reopen his claim for a back disorder. The other claims were also denied as the Veteran did not have current diagnoses of these conditions.

The Board found that the Veteran's claimed disorders, including headaches, cervical spine disorder, lumbar spine disorder, right knee disorder, left knee disorder, right ankle disorder, and left ankle disorder, were not incurred in service. The evidence did not establish continuity of symptomatology after service.

The Board found no evidence of hearing loss in service and concluded that the current right ear hearing loss is not related to service. The appellant's low back disorder was also denied as there was insufficient evidence linking it to service.

The Veteran's TDIU claim is being deferred as additional development and resolution of other disability claims are needed. The effective date for service connection will be determined once the RO completes the necessary actions.

The Board has determined that the Veteran does not have any diagnosed disabilities related to his military service, and therefore, denied all of his claims for service connection.

The Veteran's service-connected disabilities did not render him unable to secure or follow a substantially gainful occupation prior to January 1, 2002. Therefore, an earlier effective date for the grant of individual employability is denied.

The Veteran's claim for increased ratings for his low back disability was denied because he failed to appear for a scheduled VA examination without providing good cause.

The Veteran's lumbar spine disability resulted in a 40 percent evaluation, effective September 1, 2010. The right leg and left lower extremity radiculopathy associated with the lumbar spine disability were each rated at 10 percent prior to September 1, 2010.

The Board has remanded the case for further development due to an inadequate medical examination and additional evidence submitted by the Veteran.

The Board found no evidence linking the Veteran's current lumbar spine disorder to his active service, and denied his claim for service connection.

The Board is requesting a clarification of the medical opinion regarding whether the Veteran's current low back disability, including degenerative disc disease of the lumbosacral spine, was incurred in service. The case will be remanded for another VA examination to consider all relevant evidence and provide an updated analysis.

The Board has granted service connection for the Veteran's low back disability, finding that it was incurred in service and is a congenital disease. The right hip disability claim is pending as it is inextricably intertwined with the low back claim.