Back / lumbar spine decisions — 2012

The Veteran's claims for increased ratings and service connection were denied. The rating for low back strain with bulging discs at L4-5 and traumatic arthritis was maintained at 40 percent, but the effective date of secondary service connection for bladder dysfunction was not earlier than March 20, 1998.

The Board has determined that the Veteran's claims for service connection for bilateral hearing loss, low back disorder, dry skin disorder, and URI have been denied as there is no competent evidence showing a direct link between these conditions and his military service.

The Veteran's low back disability with spondylosis at L4 has been manifested by a range of motion including forward flexion ranging from 65 to 80 degrees; muscle spasm and tenderness in the lumbosacral area; and sciatica sensory deficit manifested by radiation of pain to the right and left lower extremities, with no greater than mild sensory impairment and no finding of paralysis or motor impairment of the lower extremities; and no medical evidence or complaint of bed rest prescribed by a physician. The Veteran's claims for increased evaluations for his sciatica sensory deficits have not been met.

The Board found that the Veteran's back disorder is not etiologically related to service or a service-connected condition, and thus denied his claim for service connection.

The Board has remanded the Veteran's claims due to the need for additional development, including obtaining medical records and scheduling examinations.

The Board found that the Veteran does not have a current low back disability that is attributable to military service, and thus denied his claim for service connection.

The Board found that the Veteran's current degenerative disease of the lumbar spine is not etiologically related to his active service and denied his claim for service connection.

The Board finds that the Veteran's lumbar spine disorder was not incurred in or aggravated by military service, nor may any arthritis be presumed to be of service onset.

The Board denied service connection for a prostate disorder in April 2007 and did not address the right elbow, low back, or left knee issues. The Veteran attempted to reopen his claim of service connection for a prostate disorder but was denied. Service connection for right elbow, low back, and left knee disorders remains unresolved.

The Board found that the Veteran's lumbar disorder was not incurred in or aggravated by service and denied his claim.

The Veteran's appeal is being remanded for a hearing before a Veterans Law Judge at the local regional office.

The Board finds that the Veteran's low back disorder, chronic left and right ankle sprains, and sinusitis are all service-connected as they started during his military service and have persisted since then.

The Board has determined that further development is needed to determine the nature and etiology of the Veteran's service-connected lumbar spine disorder, including whether it is related to her service-connected left tibia disability.

The Veteran withdrew her appeal for the issues of service connection for right and left knee disabilities, a back disability (lumbosacral), and a right elbow disability at the Board hearing. The remaining issue of an initial rating in excess of 10 percent for psoriasis is addressed in the REMAND portion.

The Veteran's appeal is being remanded due to scheduling issues for a hearing before a Veterans Law Judge at the Regional Office.

The Veteran's appeal is being remanded for further development, including obtaining SSA records and scheduling VA examinations to assess the severity of his cervical spine degenerative disc disease, internal hemorrhoids, inguinal hernia, and lumbosacral spine disability.

The Board finds that new and material evidence has been presented to reopen the Veteran's claim for service connection for a lumbar spine disability. The Board concludes, however, that there is no medical evidence linking the current condition to his active service.

The Veteran's claims for increased ratings and service connection were granted, with a 40% evaluation assigned for fibromyalgia. The effective date remains December 15, 2008.