Back / lumbar spine decisions — 2012

The Veteran's claim for service connection for a lumbar strain is being remanded due to the need for additional development, including another examination and opinion.

The Veteran's claim for restoration of a 20 percent rating for chronic lumbar strain was granted, while her request for an increased rating to a higher than 10 percent rating remains under consideration.

The Veteran's lumbar strain is currently rated at 20 percent, reflecting limitation of motion with forward flexion limited to 70 degrees and findings of intermittent spasm with scoliosis.

The Veteran's bilateral meralgia paresthetica is related to his service-connected degenerative joint disease of the lumbar spine, and the Board finds that this condition was incurred during active service.

The Veteran's appeal was denied as his claim for an increased rating for lumbosacral strain was not supported by the evidence of record, and he did not meet the criteria for a higher disability rating.

The Veteran's claim for a higher rating for his service-connected low back disability is being remanded due to the need for a new VA examination and consideration of any outstanding treatment records.

The Board denied service connection for degenerative disc disease of the lumbar spine and did not address the other issues as they are referred to the AOJ.

The Board found that the Veteran's back disorder was not incurred or aggravated in service and is less likely related to his military service.

The Veteran's claims for increased evaluations and service connection were denied. The Board found that the evidence did not support a higher rating for PTSD or low back disability, and there was no indication of service connection being warranted based on exposure to specific hazards.

The Board has determined that the Veteran's bilateral hearing loss and tinnitus are not related to service, while his low back disorder is also denied. The evidence does not support a finding of service connection for these conditions.

The Board has determined that new and material evidence has been received to reopen the Veteran's claim for service connection for back disability. The Board also finds that the Veteran is entitled to service connection for thoracolumbar spine arthritis and strain, finding a relationship between her current condition and her military service.

The Board has determined that it is as likely as not the Veteran developed hearing loss due to acoustic trauma during service. Service connection for bilateral hearing loss is granted.

The Veteran's degenerative disc disease of the lumbar spine has been rated at 10 percent, which is the maximum schedular rating available for this condition.

The Veteran's low back strain is currently rated at 40 percent, which does not meet the criteria for a higher rating. The Board also found that he did not meet the criteria for TDIU as his inability to work was due to non-service connected conditions.

The Board has determined that the Veteran's currently diagnosed spondylolysis with secondary isthmic spondylolisthesis and degenerative changes of the lumbar spine is related to his active military service, granting service connection for a low back disability.

The Veteran's claim for an increased rating for residuals of a chip fracture, right ankle was granted with a 20 percent evaluation effective December 13, 2010. The claim for bilateral hearing loss remains in appellate status as it does not meet the criteria for a compensable evaluation. Service connection for degenerative disc disease of the lumbar spine is addressed separately.

The Board has determined that the Veteran's service-connected disabilities render him unable to secure or follow a substantially gainful occupation, and thus grants a TDIU.

The Board has remanded the case due to additional development needed, including obtaining relevant records from SSA and Creighton University, providing a new VA examination for an aggravation opinion, and analyzing the lay evidence.

The Board has determined that the Veteran's cervical and lumbar spine disorders, as well as their associated radiculopathy in the bilateral upper and lower extremities, are related to his service. The claims for these conditions have been granted.

The Veteran requested to withdraw his appeal for service connection of a lumbar spine disability, and the Board has dismissed the claim as a result.