Back / lumbar spine decisions — 2012

The Board has determined that the Veteran's current back disabilities are not related to service and have denied his claim for service connection.

The Veteran's service-connected degenerative spondylolisthesis and lumbar stenosis, L4 to L5, status-post lumbar laminectomy, decompression foraminotomy and partial facetectomy have been rated at 40 percent since January 1, 2008. The claim for an evaluation in excess of 40 percent is denied as the evidence does not show unfavorable ankylosis or incapacitating episodes due to intervertebral disc syndrome.

The Veteran's degenerative disc disease of the lumbar spine did not meet the criteria for a higher initial rating before September 1, 2009.

The Board has reopened the Veteran's claim for service connection of a low back disability, finding that new and material evidence has been received. The issue is now pending before the RO to determine if there is sufficient evidence to establish secondary service connection.

The Veteran's claims for service connection are being remanded due to the need to obtain additional medical records and provide a comprehensive VA examination.

The Board has granted the Veteran's claims of service connection for a chronic thoracolumbar disorder and an acquired psychiatric disorder, but dismissed his appeal regarding the left shoulder issue.

The Board found that the Veteran's current back disorders, including degenerative disc disease at L5-S1, were not incurred in or aggravated by active military service and may not be presumed to have been incurred therein. The medical opinion concluded that it was less than 50% likely related to his period of active military service.

The Veteran's appeal is being remanded for additional development, including obtaining medical records and scheduling a VA examination.

The Board denied the Veteran's claims for service connection for bilateral knee disability, low back condition, and bilateral pes planus. The decision found that new and material evidence had not been presented to reopen the claim of service connection for a bilateral knee disability. It also determined that bilateral pes planus preexisted service and did not increase in severity during service. Finally, it concluded that a low back disability was not incurred or aggravated by active service.

The Board has determined that new and material evidence has been submitted to reopen the claims for service connection for right hip disability and low back disability. The Veteran's chronic strain of the right hip and low back is found to be related to his service-connected bilateral forefoot varus deformity.

The Board has determined that additional development is needed to properly adjudicate the Veteran's claims for service connection for a back disorder, left lower extremity disorder, and gastrointestinal disorder. The appeal will be remanded to allow for further development of the evidence.

The Board determined that the Veteran's lumbar strain does not meet or approximate the criteria for a rating in excess of 20 percent.

The Board has reopened the Veteran's service connection claim for a low back disability and granted it on a de novo basis, finding that new evidence supports the claim and relates the current condition to military service.

The Veteran's appeal is being remanded for additional development, including obtaining medical records and scheduling a VA examination to determine the etiology of his bilateral hearing loss and lumbar spine disorder.

The Veteran's appeal is being remanded to obtain additional medical records and to schedule him for examinations to determine the current severity of his service-connected conditions.

The Veteran's claim for an initial evaluation in excess of 20 percent for anterior spurring of L4-5 and lumbar spondylosis was denied. The condition is currently rated at 20 percent.

The Veteran's low back disorder was evaluated as 20 percent disabling prior to December 8, 2009. The current evidence does not show the required manifestations for a higher rating.

The Board has reopened the Veteran's previously denied claims of entitlement to service connection for a right and left hip disability, a back disability, and an increased rating for his left knee strain. However, further development is required before these claims can be adjudicated.

The Board has determined that there is no evidence to support a finding of service connection for the Veteran's claimed back, right hip, and right foot disorders as secondary to his service-connected osteoarthritis of the right knee. The medical opinions provided by VA physicians are in agreement that these conditions were not caused or aggravated by his service-connected condition.

The Veteran's claims for service connection for groin and testes, back disability, and facial rash were denied. The Board found no current disabilities of the groin or testes, but granted service connection for a facial rash (pseudofolliculitis barbae).