Back / lumbar spine decisions — 2012

The Veteran's lower back disorder is rated at 20 percent disabling, and his allergic rhinitis/sinusitis was previously rated as noncompensable but now warrants a compensable rating since March 18, 2011.

The Veteran's service-connected degenerative disc disease of the lumbosacral spine at L5-S1 is not manifested by ankylosis, and does not meet the criteria for a higher rating under any applicable diagnostic code.

The Veteran's lumbar spine intervertebral disc syndrome is rated at 20 percent since March 12, 1997. The effective date for the 10 percent evaluation of his left knee disability has been set as March 12, 1997.

The Veteran's lumbar spine disability was granted a 40 percent rating effective August 25, 2010. The TDIU claim for the period prior to this date is also granted.

The VA examiner found no evidence of a low back disorder that originated in service or was aggravated by service. The Veteran's current low back disorder is attributed to his post-service occupational injury and not related to active service.

The Veteran's claim for a higher rating for bilateral hearing loss was granted, with the effective date set at November 9, 2006. The initial rating assigned is 30 percent.

The Veteran's lower back disorder is service-connected as secondary to his left ankle and right tibia and fibula disabilities. His traumatic arthritis of the left ankle has been rated at 20 percent, but he seeks a higher evaluation.,He was granted a compensable evaluation for healed fractures of the right tibia and fibula.

The Board has determined that the Appellant's claimed back disorder is not shown to be etiologically related to injury during active duty, including ACDUTRA or INACDUTRA. The evidence does not support a finding of service connection for this condition.

The Board denied the Veteran's request to reopen his claim for service connection for lumbosacral strain, finding that new and material evidence had not been received.

The Board has granted service connection for a low back disability and denied an increased rating for the Veteran's left knee scar.

The Board has granted the Veteran's claims for service connection for a low back disability and a headache disorder, finding that there is sufficient evidence to establish a medical nexus between her current disabilities and her post-service symptomatology.

The Board has determined that the Veteran's claimed chronic right arm/hand, low back, and neck disabilities were not incurred in or aggravated by active service. The claims for migraine headaches and initial compensable evaluations for chondromalacia of the knees are addressed in the REMAND portion.

The Board has determined that a VA examination is needed to determine the likely etiology of the Veteran's claimed low back disorder, and the case is being remanded for this purpose.

The Board has remanded the claims for additional development, including obtaining VA treatment records and providing a medical nexus opinion regarding the Veteran's right ankle replacement and hip/low back disorders.

The Board has determined that a new examination is necessary to determine the nature and etiology of the Veteran's back and right knee conditions, as well as whether these conditions are related to service or aggravated by his service-connected disabilities.

The Board denied the Veteran's claims for an initial compensable rating for bilateral hearing loss and service connection for a left knee disability status post surgery. The flat feet/foot disability (pes planus) was not incurred in or aggravated by active service.

The Board has reopened the Veteran's claim for service connection for a low back disorder and finds that new evidence received since the July 1981 rating decision raises a reasonable possibility of substantiating the claim. The current low back disability is related to an in-service injury.

The Board denied service connection for left foot disability, right knee disability, low back disability, and cervicitis. The Veteran's current left foot disorder is not related to her period of service.

The Board has granted service connection for a low back disorder and a left knee disorder. The claim for hypertension is remanded due to the need for further examination.

The Veteran's service-connected cervical spine degenerative disc disease was rated at 10 percent prior to January 5, 2011 and increased to 20 percent on and after that date.