Back / lumbar spine decisions — 2012

The Veteran's lumbosacral strain with degenerative joint disease is currently rated at 20 percent, and the Board has determined that this rating is appropriate under both the old and new criteria. For coronary artery and hypertensive heart disease, a 30 percent evaluation was granted from September 30, 2003 to February 21, 2012, and a 60 percent evaluation was granted thereafter. The Veteran's diabetes mellitus type II is rated at 20 percent since May 8, 2001. Bilateral non-proliferative diabetic retinopathy has not been service-connected. Peripheral neuropathy of the right and left lower extremities, as well as peripheral neuropathy of the right and left upper extremities, have all been rated at 20 percent since May 8, 2001. Erectile dysfunction is also rated at 20 percent.

The Board has remanded the case for additional development, including obtaining VA examinations and updating medical records. The Veteran's claims of service connection for low back strain and skin disorder are pending.

The Board has denied the Veteran's claims for service connection for various conditions, including hypoglycemia, hypertension, cataracts, gallbladder removal, pes planus, left elbow and knee disabilities, left ankle and thigh disabilities, right knee and hip disabilities, lumbar spine and cervical spine disabilities, abnormal blood count, elevated cholesterol/triglycerides, ear pain, and rash on the back. The Board found that these conditions were not incurred or aggravated by service or due to a service-connected disability.

The Board has determined that the Veteran's low back degenerative changes are likely due to an injury sustained during his period of active service, and thus grants service connection for this condition.

The Veteran's low back disorder was found to not meet the criteria for a compensable evaluation prior to August 18, 2009 and did not warrant an evaluation in excess of 10 percent thereafter.

The Veteran's service-connected lumbosacral strain with degenerative changes is currently rated at 40 percent, and a separate evaluation for left lower extremity sciatica has been granted.

The Board found that the Veteran's back injury did not result in a compensable disability and thus denied service connection.

The Veteran's service-connected disabilities, including a mood disorder, degenerative joint and disc disease of the lumbar spine, bilateral hearing loss, left lower extremity radiculopathy, and bilateral tinnitus, have rendered him unable to secure or follow substantially gainful employment. The Board has determined that he meets the criteria for TDIU based on these service-connected disabilities.

The Board has determined that the Veteran is entitled to a 20 percent rating for residuals of a right ankle fracture with osteoarthritis beginning on April 23, 2009. The Veteran's claim for service connection for sinusitis has been granted and an initial noncompensable rating was assigned.

The Board denied service connection for degenerative disc disease and degenerative arthritis of the thoracolumbar spine, finding no evidence linking these conditions to active duty. Service connection was also denied for diabetes due to lack of in-service diagnosis or onset.

The Veteran's lumbosacral spine disability is rated at 60 percent, but the claim for a higher rating remains denied.,The Veteran's cervical spine disability is rated at 20 percent, and the claim for a higher rating remains denied.,The Veteran's left knee disability is rated at 10 percent, and the claim for a higher rating remains denied.,The Veteran's right knee disability is rated at 10 percent, and the claim for a higher rating remains denied.,The Veteran's partial avulsion of right biceps muscle is not compensable, as it approximates slight limitation of function of Muscle Group V.,The Veteran's fungal infection of the bilateral feet is rated at 10 percent, but no more. The scars are painful on examination.,The Veteran's GERD is rated at 10 percent, and the claim for a higher rating remains denied.,The Veteran's migraine headaches are rated at 30 percent, and the claim for a higher rating remains denied.

The Veteran's service-connected disabilities, including degenerative arthritis of the right hip and left hip, as well as lumbosacral strain with very mild degenerative change, render him unable to secure or follow substantially gainful employment.

The Veteran's appeal is being remanded for additional development, including a VA examination to determine the nature and etiology of any current lumbar spine disability, respiratory disability, and skin rash disability of the hands. The issues of service connection are being remanded.

The Veteran's appeal for increased ratings for his low back disorder and radiculopathy of the left and right legs was denied. The RO found that the evidence did not meet the criteria for a higher rating under the applicable diagnostic codes.

The Board has determined that the September 2009 VA examination is inadequate and additional evidence is needed, including a new VA examination to assess the current nature and severity of the service-connected degenerative disc disease of the lumbar spine. The TDIU issue has also been raised by the record and must be remanded for adjudication.

The Board found that the evidence did not show actual improvement in the Veteran's service-connected thoracolumbar spine disability to warrant a reduction to a 10% rating, and thus denied the reduction.

The Veteran's service-connected degenerative disc disease of the lumbar spine with herniations at L2-3, L3-4 and L5-S1 is currently rated as 40 percent disabling under Diagnostic Code 5243 (degenerative arthritis) due to limited forward flexion. No higher rating is warranted.

The Veteran's claims for service connection are being remanded to obtain additional medical records and to provide the Veteran with a VA examination to address the nature and etiology of his low back and neck disabilities.

The Veteran's appeal is being remanded due to the need for a video conference hearing before a Veterans Law Judge.

The Veteran's appeal is being remanded due to an address issue, and he will be scheduled for a Travel Board hearing. The claim of service connection for his back condition remains pending.