Back / lumbar spine decisions — 2012

The Board found no evidence to support a relationship between the Veteran's current back injury with arthritis of the cervical, thoracic and lumbar spine and his military service.

The Veteran's degenerative disc disease of the cervical, thoracic and lumbar spine with herniated discs at C5-6-7 and bulging discs at T8-9 and L3-4-5 is found to have manifested as a result of active military service.

The Veteran's lumbosacral degenerative disc disease is currently rated at 20 percent, and the evidence does not support an increase in this rating.

The Veteran's claims for service connection and evaluations were denied. The Board found that the evidence did not support a finding of in-service onset or relationship to service for most conditions, except for hepatitis C which was granted up to 30 percent prior to October 26, 2009.

The Veteran's appeal was denied as the RO found that his service-connected conditions did not warrant a higher rating, and no new evidence had been submitted to reopen previously closed claims.

The Veteran's claim for TDIU is being remanded due to the need for additional medical records and an examination, as well as adjudication of related service connection claims.

The Veteran's combined disability rating is 40%, which does not meet the minimum percentage requirement for special monthly pension based on need for regular aid and attendance or being housebound.

The Board has determined that additional development is needed to determine the nature and etiology of any current back and neck disabilities, including cervical spondylosis and degenerative disc disease, L5-S1 degenerative disc disease. The Veteran's service treatment records document multiple reports of back pain/strains, a 1976 motor vehicle accident, and a 1982 lifting incident; VA outpatient treatment records; the December 2009 VA examination report; and any other relevant information will be considered.

The Veteran's appeal is being remanded to obtain additional medical evidence and for a VA examination. The issues are whether the Veteran's current low back disorder is related to his in-service injury, whether it is secondary to service-connected PTSD, and if so, what rating should be assigned.

The Board found that the Veteran's current low back disorder is not related to his service and denied his claim for service connection.

The Board has granted a separate 10% disability evaluation for neurological manifestations of the left lower extremity and a noncompensable (0%) disability evaluation for neurological manifestations of the right lower extremity, both as of March 22, 2011.

The Veteran's service-connected migraine headaches are rated at 10 percent, effective from June 25, 2004. The claim for service connection for a thoracolumbar spine disability (back disorder) is denied.

The Veteran's TDIU claim is being remanded for further consideration, including an evaluation of his employability due to service-connected disabilities. The case will be referred to the Compensation and Pension Service for extra-schedular consideration.

The Veteran's bilateral pes planus was first manifested on active duty service and has persisted since that time. The Board granted service connection for this condition.

The Board found no competent and credible evidence linking the Veteran's back disability to his time in service, and concluded that the current back disability was not shown within one year following service.

The Board has determined that the Veteran's service-connected lumbar spine disability warrants a 40 percent evaluation from May 5, 1992 to February 19, 1997.

The Board denied the Veteran's claims for service connection for a left knee disability and an extraschedular evaluation for his lumbar spine disability. The rating assigned for the lumbar spine disability is 40 percent, effective date not specified.

The Board has determined that additional evidence is needed to fully and fairly consider the Veteran's claims, including service connection for a low back disability as secondary to his other disabilities, flat feet, hidradenitis of the perianal or perirectal area, increase in ratings for his knees, and total disability rating based on individual unemployability.

The Board finds that the Veteran's back disorder, bilateral hearing loss, and tinnitus are not related to his military service. The evidence does not support a finding of direct service connection for these conditions.

The Board found that new and material evidence had not been received to reopen the Veteran's claim for service connection of a low back disability.,Service connection for tinnitus was denied as there is no medical evidence linking current tinnitus to military noise exposure.