Back / lumbar spine decisions — 2012

The Veteran's claim for an increased evaluation of his service-connected degenerative joint disease of the left shoulder was denied as there is no evidence showing that he met the criteria for a higher rating prior to March 29, 2006.,Service connection for a low back disability was also denied due to lack of evidence linking the Veteran's current condition to his active service.

The Board has awarded service connection for right sacroiliac joint dysfunction (SIJD) as secondary to the Veteran's service-connected right knee disability. The low back and hip disabilities are remanded for further examination and opinion.

The Veteran's claim for service connection of a back disorder is pending. The appeal for restoration of service connection for PTSD has been granted.

The Veteran has been granted service connection for degenerative disc disease of the lumbar spine at L2-3, L3-4, and L4-5, which is considered a direct result of his active military service.

The Veteran's lumbar disc disease status post laminectomy is rated at 20 percent, effective from October 6, 2008. The Board also found that the Veteran has radiculopathy of the lower extremities and granted a separate rating for this condition.

The Veteran's appeal is being remanded for additional development, including a new VA examination to assess the current severity of her service-connected cervical spine degenerative disc disease.

The Board has determined that the Veteran's appeal requires additional development and a new hearing, as the Veterans Law Judge who conducted his hearing has since retired.

The Board finds that the Veteran's current low back disability did not originate in service and is not related to any incident or disease during his active duty. The Board also found no continuity of symptoms since service separation, thus denying both claims for service connection.

The Board has determined that the Veteran's erectile dysfunction is aggravated by his service-connected degenerative disc disease of the cervical spine, and thus grants service connection for this condition.

The Board has determined that the Veteran's claims of service connection for a neck condition and low back disorder have been denied as there is no evidence of an in-service injury or illness related to these conditions, and the preponderance of the evidence does not support a finding of direct service connection.

The Board has granted service connection for a lumbar spine disability and left ear hearing loss, finding that the Veteran's current conditions are related to his military service due to noise exposure.

The Veteran's appeal is being remanded due to scheduling issues for a Travel Board hearing at the RO.

The Board has determined that the Veteran's service-connected lumbar spine disability is of such severity as to preclude him from obtaining or retaining substantially gainful employment, and thus grants a total disability rating based on individual unemployability.

The Board has ordered a remand to obtain VA treatment records from the 1990s and to attempt to locate any relevant medical records. The Veteran's claim for service connection for a lumbar spine disorder, linked to PTSD, is being returned to the RO/AMC for further review.

The Board found that the Veteran did not timely file a substantive appeal for his claims regarding lumbar spine disorder, acquired psychiatric disorder (including depression), eye disorder, gastrointestinal disorder, foot and leg disorder, sinusitis, left ankle scar, and tendonitis of the left leg and foot. As such, these issues are denied.

The Board denied the Veteran's claims for service connection for bilateral hearing loss, tinnitus, a sinus condition, and lumbar strain with mild degenerative disc disease and L5-S1 radiculopathy. The evidence did not show chronic conditions related to these disabilities during or after service.

The Veteran's claims for increased evaluations of his service-connected chronic lumbar strain and TDIU were denied as the evidence did not support an evaluation in excess of 40 percent or a finding that he was unemployable due to his disability.

The Board denied service connection for basal cell carcinoma, arthritis of the lower extremities, and arthritis and degenerative disc disease of the cervical spine due to Agent Orange exposure. The evidence did not support a link between these conditions and service.

The Board finds that a disability manifested by persistent non-ulcer dyspepsia had its onset in honorable service. The Veteran's low back disability, however, is not shown to have been incurred or aggravated during honorable service.

The Board has granted service connection for a cervical spine disability, lumbar spine disability, bilateral lower extremity numbness and pain, degenerative arthritis of the left hip, right hip, left knee, and right knee. The Veteran's TDIU claim is also granted.