Back / lumbar spine decisions — 2012

The Veteran's claims for increased ratings and TDIU were denied. The Board found that the evidence did not meet the criteria for a higher rating under any applicable diagnostic code.

The Board denied the Veteran's claims for service connection for lumbosacral strain, skin disorders including skin cancer, and left ear deformity due to chemical exposure. The evidence did not support a finding of in-service disease or injury resulting in these conditions.

The Veteran's service-connected disabilities do not preclude substantially gainful employment consistent with his education and previous work experience, thus the claim for a total disability rating based on individual unemployability (TDIU) is denied.

The Board found that the Veteran's lumbar spine disorder preexisted service and was not aggravated by service. As a result, the claim for service connection is denied.

The Board denied the Veteran's claim of service connection for a low back disorder, finding that there was no evidence linking his current condition to his active duty service.

The Veteran's low back disability has been characterized by complaints of pain and tenderness, but his range of motion is not limited to the extent that would warrant a higher rating. The evidence does not show muscle spasm or guarding severe enough to cause an abnormal gait or spinal contour, nor does it indicate x-ray evidence of arthritis or incapacitating episodes having duration of at least two weeks.

The Board denied the Veteran's claim for service connection for a sleep disorder, to include as secondary to PTSD.

The Board found that the Veteran's low back disability was not incurred in or aggravated by service, and therefore denied his claim.

The Veteran's service-connected lumbar degenerative disc disease is currently rated at 40 percent, effective March 22, 2012. The Board denied her claims for higher ratings prior to that date and beginning on March 22, 2012.

The Board denied the Veteran's claims for service connection for left knee, low back, and bilateral ankle disabilities as secondary to his service-connected right knee disability due to lack of evidence showing onset during or as a result of service.

The Board has remanded the case for further development due to inconsistencies in the claims file and the need for an addendum from the September 2011 VA examiner.

The Veteran's appeal is being remanded for additional development, including obtaining VA and private treatment records, SSA records, and a VA examination to determine the nature and etiology of his back disorder and right ear hearing loss.

The Veteran's initial claim for higher disability ratings for degenerative disc disease of the lumbar spine was denied. The appeal also addressed service connection for radiculopathy of the right lower extremity, but this issue is not relevant to the current decision as it pertains to a separate rating determination.

The Veteran's service-connected right knee sprain and degenerative joint disease of the lumbar spine have been granted initial ratings, but left hand numbness and pseudofolliculitis barbae do not meet criteria for service connection.

The Veteran's appeal for increased ratings was withdrawn. The RO granted a 30% rating for peripheral nerve involvement of the right lower extremity with foot drop effective January 28, 2008.

The Veteran's service connection claims for a back disability, neck disability, and fibromyalgia are all granted. The Board finds that the Veteran has current disabilities of these conditions and there is sufficient medical evidence to establish a link between his military service and each condition.

The Veteran's appeal has been withdrawn, and the Board is dismissing all outstanding issues from appeal.

The Board granted service connection for bilateral pes planus and higher initial disability ratings for chronic left foot and ankle strain, degenerative joint disease of the left knee, herniated lumbar disc with radiculopathy, and degenerative joint disease of the right shoulder. The Veteran's claims for service connection for bilateral pes planus are addressed in the REMAND portion of this decision.

The Veteran's claim for an initial, compensable rating for degenerative disc disease of the thoracolumbar spine prior to September 8, 2010, and in excess of 10 percent thereafter is being remanded due to the need for additional records from VA and SSA.

The Veteran's claims for service connection for bilateral tinnitus, bilateral hearing loss, and low back disorder have been denied as there is no evidence of a current disability or in-service injury that could be linked to these conditions.