Back / lumbar spine decisions — 2012

The Veteran's lumbosacral spine, cervical spine, left knee, right knee, left hip, and right hip disabilities were all rated at the maximum available rating of 20 percent. The decision did not address any other issues or claims.

The Veteran's claims for higher ratings for his service-connected L5-S1 herniated disc and lumbar spondylosis, right lower extremity radiculopathy, and left lower extremity radiculopathy were denied. The RO found that the evidence did not support a rating in excess of 60 percent for the L5-S1 condition.

The Board has remanded the case for additional development, including obtaining VA and private treatment records, scheduling the Veteran for appropriate examinations to determine the nature and etiology of his low back and cervical spine disabilities, and readjudicating the claims.

The Board has determined that the Veteran's cervical spine arthritis and DDD were incurred in service, while her thoracolumbar spine disability did not manifest to a compensable degree within one year after service discharge.

The VA Board found that the appellant's back disability, including myofascial strain and scoliosis, is not attributable to his period of active duty for training (ACDUTRA). The examiner opined that these conditions were not as likely as not related to service.

The Veteran's claims for increased ratings were denied. The Board found that the evidence did not meet the criteria for an evaluation in excess of the assigned disability ratings.

The Board found no evidence of a spine disorder or low back disorder in service, and denied the claim based on lack of credible evidence. The respiratory disorder was determined to be secondary to gastroesophageal reflux disease (GERD), which is not service-connected. Tinnitus was also considered secondary to GERD. Hypertension was not found to be related to service.

The Board has denied service connection for a lumbar spine disability, finding that the evidence does not show any relationship between the Veteran's current condition and his military service.

The Veteran's service-connected degenerative disc disease of the lumbar spine has been characterized by complaints of limitation of motion and pain, but his forward flexion is greater than 30 degrees. There is no ankylosis of the thoracolumbar spine, and separate neurological impairment has not been shown.

The Board has reopened the claim of service connection for a low back disability and determined that it is attributable to service. The Veteran's current degenerative disc disease is considered 99 percent certain to be caused by his inservice job duties as a freight handler.

The Veteran's hepatitis C and low back disability are both granted, with the low back disability receiving a 10 percent rating effective April 9, 2007.

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

The Veteran's low back disability, PTSD, and headaches have been granted service connection. The urethral stricture claim is denied as there is no evidence of a current condition or direct service connection. Syncopal episodes are not considered in this decision.

The Board found no evidence linking the Veteran's current low back disability to his service, including a 1975 slip-and-fall injury. The medical opinions were against a connection between the Veteran's in-service injury and his current condition.

The Board finds that the Veteran's current foraminal stenosis of the cervical spine is related to his period of active service, and thus grants service connection for this condition.

The Veteran's initial claim for a higher disability evaluation for his lumbar strain, now classified as degenerative disc disease with herniated nucleus pulposus L5-S1, lumbar spine, was denied. The current rating of 40 percent is maintained.

The Board has found that the Veteran's low back disorder is related to service and granted service connection for this condition. The right ear hearing loss claim remains pending as there was no current evidence of a diagnosed disability.

The Veteran's service-connected disabilities do not render him totally unemployable, as he is capable of performing sedentary employment.

The VA Board found that the Veteran's back disability is not related to his service, and thus denied his claim for service connection.

The Board denied the Veteran's claims for an earlier effective date for PTSD and to reopen his claim of service connection for a neck disability. The appeal regarding service connection for a back disability is pending.