Back / lumbar spine decisions — 2012

The Veteran's service-connected conditions do not meet the criteria for specially adapted housing or a special home adaptation grant due to conflicting medical opinions regarding the cause of her loss of use of lower extremities.

The Board has granted the Veteran's increased ratings for his radiculopathy of the left and right lower extremities, internal derangement of the left knee, and lumbosacral strain with X-ray evidence of narrowing at L5-S1 and degenerative disc disease.

The Veteran's back disability was granted a 40 percent rating effective August 5, 2010. His tinnitus claim was reopened and service connection was established. Bilateral hearing loss did not meet the criteria for a compensable evaluation.

The Board has determined that the Veteran's lumbosacral degenerative disc disease and arthritis, residual of lumbosacral strain warrants a 40 percent evaluation since March 1, 2000. Prior to this date, the disability was not manifested by pronounced intervertebral disc syndrome.

The Board found that the Veteran's lumbar spine disability, including degenerative disc disease and spondylolisthesis, was not incurred or aggravated due to active service. The preponderance of evidence does not support a finding that the current condition is related to military service.

The Veteran's claim for a higher rating for his degenerative osteoarthritis with spondylosis, lumbar paravertebral myositis, and discogenic disease is being remanded due to the need to obtain additional VA clinical records and determine if an October 2006 spine examination report exists.

The Veteran's claim for increased ratings for low back strain was denied. For the period prior to September 28, 2010, a rating of 20 percent is granted. For the period beginning from September 28, 2010, a rating in excess of 40 percent is not warranted.

The Board has determined that an effective date of July 8, 1968 is warranted for the grant of TDIU due to service-connected disabilities.

The Board found that the Veteran's current lumbar spine and hip disorders are not related to service, as there is no evidence of a pre-existing condition in service or within one year post-service. The Veteran does not have a current hip disorder.

The Veteran's appeal is being returned to the RO for rescheduling a videoconference hearing due to her failure to appear at the previously scheduled hearing. The case will be processed as though the request for a hearing had been withdrawn.

The Veteran's spondylolisthesis, L5-S1, and degenerative joint disease of the lumbar spine were rated at 40 percent effective from April 19, 2007. The other claims remain unresolved.

The Veteran's appeal for a disability rating in excess of 40 percent prior to June 3, 2011 for his service-connected lumbar spine disability has been dismissed as the Veteran indicated satisfaction with the grant of a 40 percent disability rating effective from that date.

The Board has determined that further examination and medical opinions are needed to determine if the Veteran's current joint disabilities, including shoulder and cervical spine conditions, are related to service. The appeal is being remanded for these purposes.

The Board has determined that additional development is needed to determine the nature and etiology of the Veteran's claimed disabilities, including whether they are related to service. The claims will be remanded for such development.

The Veteran's service-connected cervical spine disability was manifested by narrowing of the disc space posteriorly between C2 and C3, C6 and C7, C5 and C6, and C7 and T1; pain; stiffness; flares; fatigue; spasm; flexion from zero to 45 degrees; extension from zero to 45 degrees; left lateral flexion from zero to 45 degrees; left lateral rotation from zero to 80 degrees. The Veteran's lumbar spine spondylolysis with anterior spondylolisthesis, status post compression fracture of L1, was manifested by bilateral spondylolysis at L5 associated with a grade I anterior spondylolisthesis and degenerative change of the L5-S1 disc; pain; tightness; paraspinal muscle spasm; stiffness; weakness; flares; fatigue; guarding; tenderness; forward flexion from zero to between 70 and 90 degrees; extension from zero to between 25 and 30 degrees; right lateral flexion from zero to between 20 and 30 degrees; left lateral flexion from zero to between 25 and 30 degrees; right lateral rotation to 30 degrees; and left lateral rotation from zero to between 20 and 30 degrees.

The Veteran is seeking initial compensable ratings for adjustment disorder with mixed anxiety and depressed mood (claimed as depression), left ear hearing loss, and service connection for right ear hearing loss. He also seeks service connection for degenerative disc disease of the lumbar spine as secondary to a service-connected lumbar strain and cancer of the kidneys as secondary to herbicide exposure.,The Veteran is seeking an initial compensable rating for his left ear hearing loss disability. His right ear hearing loss has worsened since his last examination in September 2010, and he seeks service connection for this condition.,The Veteran is seeking service connection for degenerative disc disease of the lumbar spine as secondary to a service-connected lumbar strain and cancer of the kidneys as secondary to herbicide exposure. He also seeks TDIU.,The Veteran's adjustment disorder with mixed anxiety and depressed mood, chronic (claimed as depression) has worsened since his last examination in September 2010, and he is seeking an initial compensable rating for this condition.,The Veteran's right ear hearing loss disability may be due to herbicide exposure during service. The examiner should determine if there is at least a 50 percent probability or greater that the Veteran has a right ear hearing loss disability as a result of active service.,The Veteran seeks service connection for degenerative disc disease of the lumbar spine, which he asserts had its onset during service and is related to his service-connected lumbar strain. The examiner should provide an opinion regarding whether it is at least as likely as not that the Veteran's current degenerative disc disease disability is related to service.

The Veteran's appeal for separate evaluations for left and right hand arthralgia from the service-connected spondyloarthralgia of the lumbar spine was denied as there is no evidence to warrant a compensable evaluation.

The Veteran's claim for a compensable rating for residuals of hernia repair with right ilio-inguinal neuropathy was granted. The Board also found new and material evidence to reopen the previously denied low back disorder claim, but did not address service connection for arthritis, head trauma, or sciatica.

The Veteran's claims for service connection for hypertension and a back disability were both denied. The denial of the hypertension claim is based on lack of evidence, while the denial of the back disability claim was due to failure to report for a VA examination.

The Board has determined that new and material evidence has been received to reopen the Veteran's claims for service connection for degenerative disc disease of the lumbar spine and ingrown toenail of the left great toe. After review, the Board finds these conditions are related to service.