Back / lumbar spine decisions — 2012

The Board found that the Veteran's tinnitus, bilateral hearing loss, bilateral pes planus, and degenerative disc disease are all related to his military service. The claims were granted.

The Board has remanded the case for additional development, including obtaining medical records and clarifying opinions from a VA examiner regarding whether the Veteran's low back disorder pre-existed service or was aggravated by service.

The Veteran's claims for increased ratings and TDIU were denied. The initial rating of 20 percent for cervical strain prior to June 5, 2007 was not granted. From June 5, 2007 onwards, a higher rating than 30 percent was also denied.

The Veteran's service-connected degenerative disc disease of the lumbar spine with arthritis, status post lumbar laminectomy, is currently rated at 40 percent and does not meet criteria for a higher rating. The Veteran's L-4 radiculopathy of the left and right lower extremities are each rated at 10 percent.

The Veteran's claim for an initial rating higher than 60 percent for his low back disability was granted, and he is now receiving a 60% rating. The effective date of this grant has been set at February 29, 2008.

The Veteran's claim for service connection for otitis media of the left ear is granted. The Board finds that he has suffered from a left ear disability during his active military service and that it manifested as a result of an in-service injury. For the lumbar spine, the Veteran is granted a 10 percent initial evaluation, effective from March 30, 2009, to October 7, 2010, for degenerative disc disease of the lumbar spine. Since October 7, 2010, he is entitled to a 20 percent disability evaluation.

The Board has remanded the case for further development, including obtaining medical records and scheduling a VA examination to determine if the Veteran's low back disability is related to his military service.

The Board found that the Veteran's current low back condition is not related to his service, and thus denied service connection for a lumbar spine disability.

The Veteran's service-connected disabilities, including his low back disorder and headaches, do not prevent him from securing or following a substantially gainful occupation.

The Board finds that the Veteran's back and knee disabilities are not related to his military service, as there is no evidence of an injury or symptomatology during service. The VA examiner concluded it was less likely than not that the current conditions are due to service.

The Board has remanded the case for additional development due to incomplete records and potential need for a VA examination.

The Veteran's combined service-connected disabilities (bilateral pes planus and traumatic overuse of the lumbosacral spine) do not meet or approximate the percentage requirements for a TDIU rating under 38 C.F.R. § 4.16(a).

The Board has determined that the Veteran does not have a currently diagnosed thoracolumbar spine disorder and her mid-to-lower back pain is associated with service-connected cervical spine and fractured coccyx disabilities. The Veteran's migraines are shown to occur frequently but do not meet the criteria for an evaluation in excess of 30 percent.

The Veteran's claim for a TDIU, to include on an extra-schedular basis, is being remanded due to the need for additional development and consideration of new evidence.

The Board has decided to remand the case for further development, including additional VA examinations and medical opinions on various issues.

The Board denied the Veteran's claims for service connection and increased ratings, finding that his claimed conditions were not related to his service-connected knee disabilities. The Veteran was also denied a TDIU claim.

The Board has remanded the case for additional development, including obtaining a VA examination and ensuring all requested actions have been completed.

The Board has reopened the Veteran's previously denied claims for service connection for a left knee disability and a low back disorder, but has determined that further development is needed before these issues can be decided.

The Board has granted service connection for degenerative changes at the lumbosacral junction, finding that these changes are presumed to have had their onset during active duty. The Veteran's other claims related to his inguinal hernia and scar remain under consideration.

The Board finds that the Veteran's degenerative disc disease of the lumbar spine did not manifest within one year of active service and is not related to any in-service injury or event. The claim for service connection is denied.